Pending H applications at time of 485 filing

A

arora_va

Registered Users (C)
My company has moved me to a different location and they have filed for H1-B amendment for me. My wife is currently on an H1-B as well but since she wants to leave her job, my company has filed for her H-4 along with my amendment. She wants to leave her job as soon as the Acknowlegement of receipt is available.

In the meantime, I have recd. my labor cert and my company is getting ready to file our I-140/I-485 papers.

My question:
Can we file for my wife's adjustment based on the H-4 receipt notice? Or should we wait for the approval notice?

Thank you
 
In the 485 form one has to state the current status. Since she will leave her job...she will not be on an H1-B...and since she will be waiting for her H-4....I am thinking she will not be on an H-4 either.
In terms of filing, my dilemma is what exactly is her status at this point as she waits for her H-4 approval. Although I am absolutely sure that she is not out of status since her application for H-4 is pending.

Thanks for your input.
 
Do Consular Processing

You mentioned filing I40/I485 jointly.

I would advise you to process your case through CP. It is not worth this long wait with the INS. It took me 15 months to adjust status when I could have done CP is 4 months. There are many people on this board who have waited a lifetime for 485 adjustment to be done.

Laws keep changing all the time and the faster you get your GC the better for you.

Good luck anyway.
 
that's nothing to do with your wife's H4 or H1,. The whole thing is linked to your status for filing 485 and 140 not her's status
 
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