Question?

need 140

Registered Users (C)
Someone please advise me: Me and my spouse are on H1 and waiting for my 140 approval. Spouse\'s company will not extend H1 and it will expire most probably after filing 485 but before getting EAD. Does she need to transfer to H4 when H1 expires or does she remain in status after 485 is filed. Would appreciate any inputs. Thanks.
 
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Once you file for 485, it\'s okay for her H1 to expire cause you would be applying for her as an dependent. She can continue to work based on a EAD. Well, all this is feasible as long as you apply for 485 before her H1 expires. Even otherwise if I were you, I would go ahead and apply for her as an dependent. There is a remote possibility that you might get an RFE for her regarding her status. This is just my opinion, it would be great if you could get some more feedback from the other members. Hope it helps........
 
No Title

As long as you can file for 485 before H1 expires she is in status. If she get EAD before H1 expires she can work in EAD. If she don\'t get EAD, but you filed for 485 and her H1 expires she is still in status but she cann\'t work until she get EAD.
 
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