Hi all,
I'm in a kind of limbo and want to get some advice regarding what options do i have before i decide on one thing or the other. Any suggesions/advice is greatly appreciated.
I have applied for I140 and 485 last year and they are still pending.. in the mean time i have got PERM and I140 EB2 approved. My spouse has EAD and she has NOT used it yet. Now she has a good offer from a company and she would like to use EAD and join the company but my question is if NIW I140 & 485 gets denied what will her status be? (By the way VISA stamping is not a problem we both have VISA stamping till Feb'2009.) Some people say she will automatically revert back to H4 status and some say she has to go and come back into the country. Which is the safest bet?
More important question is, if i change job say in the next month or so before NIW I140 is approved i understand that i have to start the whole green card process again since my 485 is based on NIW I140. If my spouse uses her EAD NOW then what will her status be once i change the job? How can she come back to H4?after my job change? I plan to apply for her I539 along with my H1 transfer will that be enough? or does she have to go out and come back into the country? or is there anything else?
Please advice.
Thanks
I'm in a kind of limbo and want to get some advice regarding what options do i have before i decide on one thing or the other. Any suggesions/advice is greatly appreciated.
I have applied for I140 and 485 last year and they are still pending.. in the mean time i have got PERM and I140 EB2 approved. My spouse has EAD and she has NOT used it yet. Now she has a good offer from a company and she would like to use EAD and join the company but my question is if NIW I140 & 485 gets denied what will her status be? (By the way VISA stamping is not a problem we both have VISA stamping till Feb'2009.) Some people say she will automatically revert back to H4 status and some say she has to go and come back into the country. Which is the safest bet?
More important question is, if i change job say in the next month or so before NIW I140 is approved i understand that i have to start the whole green card process again since my 485 is based on NIW I140. If my spouse uses her EAD NOW then what will her status be once i change the job? How can she come back to H4?after my job change? I plan to apply for her I539 along with my H1 transfer will that be enough? or does she have to go out and come back into the country? or is there anything else?
Please advice.
Thanks