h4-1485 problem

O

oldschool

Registered Users (C)
good day! i am a physical therapist and here on an h4. what are the best options for me since h1b quota was already reached? do i need to file for 1-140 also? thanks in advance. below is the processing time of my husband.

I-140/jan 07
I-485/oct 06
 
apply for EAD but keep h4

apply for EAD to work. but do renew H4 if your husband renews his H1. Most people will say using EAD automatically invalidates H4 but USCIS will look for it when RFE is sent to you.
 
wbd said:
Most people will say using EAD automatically invalidates H4 but USCIS will look for it when RFE is sent to you.
Click to expand...

There is no requirement that the beneficiary of a pending I-485 maintain valid non-immigrant status after the I-485 is filed.
 
Thank you for your replies. Do I still need to apply now for I-140 to consequently apply for an EAD when the visa numbers become available? As my husband's I-140 application has been already approved and is just waiting for the I-485 approval. Thanks again.
 
oldschool said:
Thank you for your replies. Do I still need to apply now for I-140 to consequently apply for an EAD when the visa numbers become available? As my husband's I-140 application has been already approved and is just waiting for the I-485 approval. Thanks again.
Click to expand...

If your husband applied for I-140 and as you said it is already approved and your husband already has pending I485 with the USCIS, then you are automatically eligible as a derivative to apply for I-485, working authorozation (I765) and Travel document (I131) immediately UNLESS you are from retrogressed country with no visa number available.


You are not needed to apply for another I-140 unless you want to be the principal for another GC application in case your husband application get denied. The point is that the USCIS added category A skills to EB3 now with no visa number available to anyone. So, if you go with that option you can apply for I-140 now (as a principal) but you can not apply for I-485 or I-765 based on that option
 
oldschool said:
apply for an EAD when the visa numbers become available? As my husband's I-140 application has been already approved and is just waiting for the I-485 approval. Thanks again.
Click to expand...

Did you apply for I-485 along with your husband? What is your priority date?
If your I485 is not pending you cannot work and have to maintain the H4 status and your husband needs to maintain H1 status.
 
Thanks Tammy. His attorney said that I could not file along with my husband's I-485 because I was not here (U.S.) at that time. I came here last January. So, I do not have any pending I-485 at the present. I was planning to but I still cannot because I came from a country which is out of visa numbers for EB3.
 
I have a similar question.

I have valid H4 stamp on my passport and also have valid EAD though spouse's I-485. I am thinking of using EAD to start a business or get a job. In unlikey scenario of 485 rejection, can I get back on H4? My spouse will have valid H1B all along.

If yes, what is the process to get H4 back? As stated above, is it easy as going out of USA (say Mexico) and coming back using H4 stamping?

TIA
 
You must log in or register to reply here.
Top