simultaneous H4 and I-485 application

B

Bhola2004

Registered Users (C)
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
 
Bhola2004:

Yes, you can have both H-application (both H1 & H4 for spouse) while filing or having pending I-485. That way, your spouse can be on EAD/AP while working and if by any case 485 is denied, her stay will be valid until the validity of H4.

I would in any case pay and consult a COMPETENT lawyer to make sure you are not illegal during the transition period (if it is required).
 
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