Transfer to H4 when I-485 is pending

[Bhola2004]

Hi Friends,

I am going to file I-485. My I-140 is pending now. I am on H1 valid until Nov, 2005. My wife is OPT valid until sept, 2004. If I file I-485 now, Can I transfer my wife to H4 visa in case our petetion is denied?

I am asking this because she will be out of status if our pending case is denied. If anybody has any experience, please share with me.
Thanks,
bhola

 

[max2k1]

Why don't you do this ....
File 485 for both of you ... file EAD for wife
Then she can work on the same job with EAD ( instead of OPT - which in reality is a more restricted EAD ).
In the meanwhile covert her to a H4 - her status will be fine as long as 485 is pending...
If it gets denied, she would have H4 already ....

so that should work for you - won't it ?

 

[Bhola2004]

Thanks for your feedback. My real concern is after using EAD, can she change her status to H4 when a case is pending??

 

[armie]

Then she can work on the same job with EAD ( instead of OPT - which in reality is a more restricted EAD ).

except she will have to pay Social security tax on EAD