simultaneous H4 and I-485 application

[Bhola2004]

Hi All,

I have a I-140 NIW application pending at NSC. I am now preparing for I-485. My wife is now on F1 and me on H1B. Can I apply H4 for my wife and then simultaneously I-485 for both of us, without waiting for the outcome of H4 application?

I like to do this because in case my I-140 fails my wife will be on status. I am doing this because she also needs the EAD pretty soon.

Any suggestion and advise welcome.

Thanks,
Bhola

 

[TheRealCanadian]

I am now preparing for I-485. My wife is now on F1 and me on H1B. Can I apply H4 for my wife and then simultaneously I-485 for both of us, without waiting for the outcome of H4 application?

Sure.

I like to do this because in case my I-140 fails my wife will be on status. I am doing this because she also needs the EAD pretty soon.

If your wife is planning on using the EAD once she gets it then there is NO point in her switching status to H-4, since her H-4 status will be toast the minute she uses the EAD to work.

If you feel like wasting $180 for the I-539 you could send it to me instead of USCIS.