I-485 petition mailed out, do I need to apply for H-1B?

W

www140

Registered Users (C)
Hi, Friends:

I am currently working on F-1 optical practical training, the EAD will expire on 05/14/2002. My I-140 petition was approved on 11/14/01, and I mailed out I-485 petitions on 12/04/01, it is estiamted I should get the receipts in the end of January. Now, I have some questions:
1) Do i need to apply H-1?
2) If i apply H-1B, do my spouse and my child apply with me? Because the attorny will charge $350 legal fee for each dependent. While company will pay all fees for me, they do not pay any fee for dependents. Can my dependents apply later when my H-1B is approved.

Thank you very much for your help. Any contributions are appreciated.
 
no h-1 reqd.

There is no need for H-1. You need to use EAD to continue working.
You may apply for EAD along with 485 application, or at a later stage.
Your dependents do not require any H visas (H-4) as they are also \'adjustees\' through your 485 application. You all are legal - \'in status\' without applying for any other visa.
Apply for EAD asap as it takes longer and working without EAD (since you don\'t have H-1) will be illgal when your OPT expires.

Invest $700 saved (for not applying for H-1) for your child\'s education fund!

All the best ...
 
Thanks!

I may apply for H-1B because it does not cost my money. Can my dependents apply for H-4 after I get H-1B?
 
h-1

having H-1 is definitely helpful. It is just that he asked is it necessary to have H-1.
In short: H-1 required if 485 applied? No. Is it helpful? yes.

www140: You can apply for H-4 along with your H-1 application or after your H-1 is apporved.
 
Don\'t you have to be on H1 ?

Don\'t you have to hold a dual intent visa at the time of applying/
adjudicating the I485 ? Practical traing is still considered F1 visa status and I\'m not sure if a transition from F1 to Green Card is possible.
 
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