Help: Pending i40 & wife H4 to H1

[tultu]

Hi,
I have pending I140/485 case, my wife is H4 right now and got EAD already(never use), she get an offer now and the company willing to sponser her H1, Question is:
1. Is the pending case will affact her H1's approval?
2. If she get her H1, does it will affect our pending case?

The company's lawyer told her chance to get the H1 is lower b/c the pending case, but I saw lots of people here doing it.

Thanks for your help

 

[bmt74]

First of all, why does she want to apply for H1 ?. She can work using her EAD.

 

[tultu]

I changed job before approved so the pending case has high risk

 

[bharad1]

One more thing to consider is that the H1 quota is almost over for next year, so file fast!

 

[tultu]

So No problem at all???

Thanks