H4/I485 pending + Full Time School

[GC-Ind]

Guys,
I recently resigned from my job (I was on H-1). Currently, I have two cases due at USCIS, pending I-485 and pending H4 (both through my wife).

I have a few questions regarding my situation:

1) Is my status in US legal ?

2) This fall, can I attend school full-time (assuming that neither H4 nor I485 would be approved by the time school starts. Also, I won't have EAD at the time school starts)?

Thanks

 

[TheRealCanadian]

Is my status in US legal ?

You have a pending I-485, so yes.

This fall, can I attend school full-time (assuming that neither H4 nor I485 would be approved by the time school starts. Also, I won't have EAD at the time school starts)?

That's fine. You can go to school, and you don't need an EAD.

 

[GC-Ind]

Someone from a lawyer's office told me today that I cannot attend school full time till the time either my H4 or I-485 is actually "approved". Although he said that he will confirm this from his boss.

Do I need H4 or I-485 to be actually "approved", to attend school? From what I hear on this forum, it seems like I could attend school even when both my H4 and I-485 are pending.

Any comments?

 

[TheRealCanadian]

Someone from a lawyer's office told me today that I cannot attend school full time till the time either my H4 or I-485 is actually "approved". Although he said that he will confirm this from his boss.

He's wrong. If his boss agrees with him, he's wrong too.

From what I hear on this forum, it seems like I could attend school even when both my H4 and I-485 are pending.

Of course you can. You just need to be legally in the country (and not in B status) which a pending I-485 certainly falls into.