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

 

[jaxen]

Yes, only if you use AP/EAD you lose H1 (and your spouse's eligibility for H4). If youn plan to file for here I485, she has to start using 485 based EAD instead of F1 based EAD. Moreover it is safer to change to H4 while applying for her I485.