1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Filing I-485/i-765/i-131 As An Applicant, While In H4 Status

Discussion in 'Filing for AOS with an approved I-140' started by mainejersey, Oct 12, 2015.

  1. mainejersey

    mainejersey New Member

    Messages:
    11
    Likes Received:
    0
    Trophy Points:
    1
    Ron,
    I'm in the H1B status, and my spouse is also in H1B status. Both have approved I-140's, but my PD is earlier than him.

    If I am coverted to H4 and work on H4 EAD (as a dependent on my spouse I-140) for the same employer, and if my PD gets current, can my employer still file my I-485 (with I-765 & I-131) application while I am in H4?

    Or, do I have to come back to H1B to file the I-485? I will be continue to work with the same employer, who has the I-140 approval with, without changing employers.

    Please advice. Thank you.
     
  2. Mayur

    Mayur Well-Known Member

    Messages:
    189
    Likes Received:
    65
    Trophy Points:
    28
    If you intend to work with the same employer, why do you want to switch to H4EAD. Is your employer insisting on this to save on H1 renewal/amendment costs ?
     
  3. mainejersey

    mainejersey New Member

    Messages:
    11
    Likes Received:
    0
    Trophy Points:
    1
    No. My H-1B extn (premium) application is in security checks from the past almost 7 months, and I need to get the work status soon. That is the reason why my employer suggested to change to H4 with EAD.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    You do not have to resume H1 status in order to file for AOS. As soon as your PD is current, you may file.
     

Share This Page