F-1 spouse and filing I-140/I-485

G

GCin-waitng

Registered Users (C)
I am on H-1 and my spouse is on F-1 visa status. If I file I-140/1-485 concurrently for my spouse and myself, will my spouse cease to be in F-1 status? He is currently doing CPT and had applied for OPT. Does he have to stop working on CPT till he gets I-485 EAD?

Should my spouse get an H-4 visa, so if the 485 is denied he will still be in status? Also is it possible to change from F to H once I-485 gets filed?

thanks for your advice Gurus!
 
GCin-waitng said:
If I file I-140/1-485 concurrently for my spouse and myself, will my spouse cease to be in F-1 status? He is currently doing CPT and had applied for OPT. Does he have to stop working on CPT till he gets I-485 EAD?
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If he currently has employment authorization, he can continue working.

Should my spouse get an H-4 visa, so if the 485 is denied he will still be in status? Also is it possible to change from F to H once I-485 gets filed?
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He can certainly change status to H-4, or enter as H-4. However, this is utterly pointless if he intends to work.
 
TheRealCanadian said:
If he currently has employment authorization, he can continue working.



He has permission to work part-time (CPT). No he does not have EAD thru the F-1 visa.

He can certainly change status to H-4, or enter as H-4. However, this is utterly pointless if he intends to work.
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But would it keep him in status if the I-485 is denied?

As far as we have understood, he may need to stop all work associated with his F-1 visa because the F-1 visa (being a non-immigrant visa) will no longer be valid once he files for I-485. He can start working again when he gets his EAD thry I-485. Is this correct?
 
GCin-waitng said:
But would it keep him in status if the I-485 is denied?
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If he uses an EAD to work, he has no H-4 status.

As far as we have understood, he may need to stop all work associated with his F-1 visa because the F-1 visa (being a non-immigrant visa) will no longer be valid once he files for I-485. He can start working again when he gets his EAD thry I-485. Is this correct?
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No. Aliens with a non-immigrant status that allows employment but which cannot be renewed after an I-485 is filed (such as J-2 or TN) are allowed to continue employment after the I-485 is filed, provided that the original status has no expired.
 
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