Filing I-485 and H4 issues

[Bhola2004]

Hi All,

I have a pending I-140 now for one year at NSC. I am inclined to file I-485 now. My wife is now on F1 and me on H1. Can I transfer my wife to H4, after filing I-485??

Please respond with detail.

Thanks for your help.

Bhola

 

[IPC302]

after filing 485 for yourself if u still have H1 and that u r maintaining your H1 (i.e not using EAD card) u can file H4 for your wife .

Infact why do u want to change your wife status to H4 .... Just file 485 for her too and let her use EAD and AP and her status will change to AOS pending .

If you are scared that ur 485 might be rejected for some reason then u atleast maintain your status as H1 till u get the greencard.

 

[Bhola2004]

Hello IPC302,

Thanks for your input. I have a pending I-140 NIW petetion at NSC. I can do the I-485 now. My concern was in case of my I-140 denial, whether she will loose status or not. As you know in case of I-140 denial her AOS status will be invalid. That's why I want to make sure about the rules. I think I will be able to maintain H1.

So, you think in case of I-140 denial I can transfer her to H4 if I maintain H1 at that time. Is that what you are saying?

Thanks,
bhola

 

[tammy2]

after filing 485 for yourself if u still have H1 and that u r maintaining your H1 (i.e not using EAD card) u can file H4 for your wife .

Infact why do u want to change your wife status to H4 .... Just file 485 for her too and let her use EAD and AP and her status will change to AOS pending .

If you are scared that ur 485 might be rejected for some reason then u atleast maintain your status as H1 till u get the greencard.

I have heard that F1 will become void once you apply for AOS. So if you are worried about your I-140 do not apply I-485 for her until the approval of I-140. You can apply for yourself and still maintain your H1. Let her continue on F1 visa. Later depending upon the situation you can apply for H4 or I-485.