H1 approved without I-94, can I file for H4 ??

[sp0826]

My 485 is pending and I'm working using my EAD. Recently, my company filed a H1 transfer and it got approved, but without the I-94.

My wife's H1 is expiring next month and she wants to do a COS to H4 since my H1 got approved.

Questions:

1. Can we file a COS from H1 to H4 for my wife, based on my recent H1 approval which came without the I-94 ??

2. If we can do the above, then once her H4 is approved, can we both go for stamping together ??

Please share your thoughts

 

[ginnu]

My 485 is pending and I'm working using my EAD.

Recently, my company filed a H1 transfer and it got approved, but without the I-94.
---------- You were NOT on H1 status when employer filed H1 transfer as you used EAD and that is the reason you don't have I-94 attached with H1 approval notice. if you want to be on H1 status then go out of US and get H1 Visa stamp and enter US on H1 ( at this time US consulates in India are rejecting H1 or H4 visa stamps or need Truck load of documents). If you want to go out of US then get the AP before departure from US so that you can use AP if any problems for H1 visa stamping.

My wife's H1 is expiring next month and she wants to do a COS to H4 since my H1 got approved.
------At this time you are NOT on H1 status and she cant file COS to H4. if she wants to work on H1 then employer can file H1 extension or she can use EAD. Who is the Primary for I-485? You or your wife?
Questions:

1. Can we file a COS from H1 to H4 for my wife, based on my recent H1 approval which came without the I-94 ??
-----------NO. you are not on H1 status as you are working with EAD and your Approval does not have I-94 attached.

2. If we can do the above, then once her H4 is approved, can we both go for stamping together ??
---????
Please share your thoughts

------ if you are Primary for I-485 (LC was filed for you, I-140 was filed for you) then why she needs H4?

 

[sp0826]

Because she didn't file her 485 yet, as our marriage happened after I filed my 485 and bulletin never came to my PD again (EB2 India, May 2007). She had to maintain an independent status

 

[ginnu]

Because she didn't file her 485 yet, as our marriage happened after I filed my 485 and bulletin never came to my PD again (EB2 India, May 2007). She had to maintain an independent status

if you want to be on H1 status then go out of US and get H1 Visa stamp and enter US on H1 status ( at this time US consulates in India are rejecting H1 or H4 visa stamps or need Truck load of documents). If you want to go out of US then get the AP before departure from US so that you can use AP if any problems for H1 visa stamping.

Your wife is on H1 at this time and she should ask her employer to file H1 extension for her so that she can maintain her H1 status till your PD becomes current and then she could file her Derivative I-485. At this time she cant do H1 to H4 COS as you are NOT on H1 status.