I am currently in H-1B and my wife H-4. My company-sponsored green card is in labor certification stage. I wonder if my wife has to remain H-4 throughout the green card process or only during some stages (LC, 140, 485).
--- Once you get your LC approved you can file I-140, I-485, EAD, AP and also wife I-485, EAD, AP. You both will get EAD and after filing I-485 you both will be in AOS pending status. If you are maintaining H1 status (you should till the time I-140 is approved and I-485 is pending more than180 days to be safe) if you are on H1 your wife can get H4 till your H1 validity, If you use EAD then you lose H1 and your spouse also loose H4, but if H4 holder used EAD then no effect on your H1
Can she change to F-1 and the green card petition for her still proceeds?
--- Why she can’t study on H4? That is allowed, H4 has dual intent F1 is not dual Intent Visa
I suppose she can be whatever status she wants if I file self-petition for green card in the category of extraordinary ability. Am I correct?
--- EB1 is very difficult and you need awards, publications, citations, newspaper clippings about you many support letters then your lawyer has to prepare EB1 evidence cover letter of about 25-30 pages and submit truck load of documents, while self sponsored I-140 is pending she should better be on H4 and you should be on valid H1 because self sponsored I-140 takes much time and you may get RFE from BCIS, these days it has become very difficult to get EB1-1 approved 90 % denial, if EB 1-1 is approved then you can file for AOS or go for CP,( you and your wife have to be on some valid status while you file EB1 to be safe) many lawyers are not expert for EB1-1, you should find a very good lawyer. I don’t know your field of extraordinary ability, I know few lawyers who deal with EB1
Better file I-140, I-485 when you get your LC approved. EB1-1 is very difficult but if you are confident go for it
