Please

S

Savdar

Member
Do all persons from family need to produce proof of their status, for 485, if company is not giving the H1 approval of the one who has not filed for GC?
 
Question not clear but

The primary H1 should have the stutus of all immediate dependent family members as H4. The family comes to us and lives with H1 as H4 status. When I-485 is filed for H1 the status of others is H4 (unless changed to F1 etc.) so what is your question? Try to word it more precisely.
 
SORRY WHIZKID HERE IS THE REPHRASING OF THE Q!

Both of us are on H1 and GC is in process for Both. In case if one of us is laid off during 485 and are not in H1 ( and do not have time to change to H4), THEN IS IT REQUIRED TO BE IN STATUS? THANKS AGAIN!
 
Two options

1. If I-485 is processed and you have RD/ND, and you have EAD then change job under AC-21 rule before lay off.

2. Or refile I-485 with H1 that is not getting lay off.
 
whiz-kid Thanks, but if ....

What when company of laid off worker does not give the proof ( without withdrawing H1), in such case it will be difficult to prove the status???
 
Proof for what?

If a company is giving layoffs, normally there are termination notices of some sort even if it is one sentence. So it is not clear what proof you are refering to?

Withdrawal of H1 is to be done by the employer at a later date depending on how busy their HR department is.

Another issue is about filing for H4 after filing for I-485, can this be done? I am not sure about it, a lawyer will be able to clarify.
 
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