Expert advice needed

[superstation17]

I got my GC approved from NSC, but I am & .

My wife is currently on H4, and I filed for her i485 before my approval, but haven't received her Receipt notice.
Now the question is, what would be her status.

Getting a GC automatically invalidates my current H1? Do I need to continue on H1, to keep her status? If she gets a receipt she should be fine?

 

[armie]

I got my GC approved from NSC, but I am & .

My wife is currently on H4, and I filed for her i485 before my approval, but haven't received her Receipt notice.
Now the question is, what would be her status.

If your application reached USCIS by 6/29 and before your were approved, she is OK, otherwise she is out of status

Getting a GC automatically invalidates my current H1?

yes

Do I need to continue on H1, to keep her status?

You can't continue on H1 once you became PR.

If she gets a receipt she should be fine?

Yes

 

[superstation17]

Yes I did file her case on Jun 04th...And my GC got approved on July 4th. But she didn't get her receipt number yet...Can you suggest me plzzzzz

 

[banta4gc]

Check out this user MohitFL....he had the same problem....

Nope, your wife ideally goes out of status - the moment you get GC...but if your marriage happened before GC approval....then you are fine....

I believe you could use the "Follow to Join" option for filing 485....even if your GC is approved...

but luckily in your case - you already filed it for her...before your GC approval...I would better watch out for those checks and receipt notices...to confirm that USCIS received it....

 

[banta4gc]

Check with your lawyer on the checks sent to USCIS - if they got deposited...that means her 485 has been accepted....that's one confirmation....

And, if you want to know the receipt number....they are printed on the back of those checks....ask your lawyer for the copy of the check images (backside) and Receipt Number will be on it....

If not, wait few days, the Receipt notices, may be on the way - that's another confirmation that USCIS received her files

 

[superstation17]

Thanks banta...
I am trying to follow up with my attorney on the checks. I will try to call NSC for receipt notice.
But you were saying, since I already filed it, she is fine...even though her H4 status is invalidated.

 

[banta4gc]

Yep, here H4 status gets invalidated....but then the law 245(k) allows upto 180 days of illegal stay....

But since, she already filed on June xx....her status is automatically defined by her pending 485....so in a way - she jumped onto 485 status, even before her H4 expired....all clean...

But ideally, if needed, one can use law 245(K) and follow to join clause for 485 and file within 180 days...

 

[superstation17]

Thanks for the very helpful information.
one more question for you banta if you dont mind...

She has a H1 starting october...can she use it for job or does she need to wait for her EAD?

I was told you can't use H1B, once you show interest in Immigrant, we cannot use Non-Immigrant visa.

 

[banta4gc]

I think - just stick to EAD....
Usually, EAD is guaranteed within 90 days of filing...so, she should get her EAD before October 1....

Yep, since her H4 status got invalidated....not sure if it would cascade that to H1B automatically.....but, I am guessing as per 245(k) - 180 days of illegal stay is allowed....may be her H1B can be valid....and since H1B is an independent status....she could maintain H1B and 485 both...

But, in your case why bother H1B - when you get EAD directly....so much better....
With the H1B - why invite employer exploitation!

 

[Jackolantern]

I was told you can't use H1B, once you show interest in Immigrant, we cannot use Non-Immigrant visa.

That is true for most other nonimmigrant visas like F1 and B1, but not for H1 and L1, which are considered "dual intent" visas for which immigrant intent is allowed.