Currently on F1, Filing for 485 on spouse's application

shub_b

New Member
Hi everyone,

I am currently on my F1 visa and have applied for my OPT since I am starting my job in June 2005. I am expecting to get my OPT approval within 1 month.

Since my wife's 140 application will (hopefully) be soon approved (expected within a month), we are preparing for the 485 application (she didn't file 140 and 485 concurrently).

My question is: after the 485 process is underway, can I apply for an F1 to H1 transfer after my OPT status expires in June 2006 and the 485 is still not approved. I would like to maintain my H1 status in the US even after I receive the 485-EAD through my wife.

If the answer to the above question is "no", then I would apply for my H1 immediately after starting my job and then apply for the 485. Is there an option to add myself to my wife's 485 application at a later stage?

I will really appreciate any feedback.

Shub
 
shub_b said:
Hi everyone,

I am currently on my F1 visa and have applied for my OPT since I am starting my job in June 2005. I am expecting to get my OPT approval within 1 month.

Since my wife's 140 application will (hopefully) be soon approved (expected within a month), we are preparing for the 485 application (she didn't file 140 and 485 concurrently).

My question is: after the 485 process is underway, can I apply for an F1 to H1 transfer after my OPT status expires in June 2006 and the 485 is still not approved. I would like to maintain my H1 status in the US even after I receive the 485-EAD through my wife.

If the answer to the above question is "no", then I would apply for my H1 immediately after starting my job and then apply for the 485. Is there an option to add myself to my wife's 485 application at a later stage?

I will really appreciate any feedback.

Shub


Better to apply H1 now only. There might be quota issues also.
 
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