is it possible to apply for change from h1 to h4 while 485 is pending?

S

smucker

Registered Users (C)
hi guys,

had a couple of questions. could someone help me out here?

1) Is it possible to apply for change from h1 to h4 while 485 is pending?
   in this case both me and my husband are on h1. he has applied for i485.
   I am planning to join his application as a dependant.we are planning to go to india soon for a vacation before i get my advance parole. can I get an h4 stamp at a consulate in india even if the 485 is pending?

2) is it ok to travel outside the us before we get the i485 receipt?
 
No

You do not have any problem, or I have not understood the problem.
I feel you can file 485 as a derived beneficiary even when you are holding H1.
You can still go to India on vacation (with ADVANCE PAROLE).
I do not see any reason why you should think of having a H4 instead of H1. All that INS looks for at the time off filing 485, is if the applicant at any stage was out of status.
This is not a legal advice to you but is just my thinking.
 
quitting my job

Hi,
Thank you for responding. I am planning to quit my job & then come back in on an H4. Is it mandatory to have AP? Won\'t a receipt notice suffice?
 
Can you change, I think you can...

change from H1 to H4 if you are derivative on 485 application. But the posting is not clear you said you wanted to add yourself to your husband\'s 485 but you also mentioned he already applied 485 so it is not quite clear.

2)Can you travel when 485 is applied, yes you can. There are two situations one is where 485 applcant\'s H1 is still valid and stamped in the passport before entering back into US. This means applicant is entering into US using his H1 and same thing applies for H4 also. The second one is if you use your EAD then you need to have AP to travel (both). But it is advisable that you should have your AP and travel after applying 485 no matter what. And you can get AP from your local INS on the same day I believe.

Spend couple of hours searching on this message board you will find lots of postings regarding this matter.

Last but not least my sincere advice to you is talk to your attorney and take the decisions. You know very we all are not legal professionals what ever we answer is by just reading other postings on the board. So please don\'t consider my advices are legal advices contact your attorney for correct information before you travel.

Good Luck and enjoy your vacation.

Regards
Archie
 
I haven\'t applied for 485 yet

Hi,
My husband applied for 485 before our marriage. Therefore I am yet to be introduced on his application. Currently I am on an H1, I plan to quit to my job & come back on H4. My only concern is switching from H1 to H4 while my 485 is pending. Can that be done? Do I need AP on re-entry?

regards
smucker
 
I think you can still do that...

as I said if you are derivative not primary applicant then I think you can change from H1 to H4 while your 485(means your husband\'s) is pending. I\'m not quite sure about AP but I would suggest you should keep AP because your 485 is pending. Don\'t take any chances.

Good Luck.

Regards
Archie
 
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