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vblogs
03-08-2012, 12:11 PM
I am on H4 visa and my spouse is on H1 visa. My spouse priority date is 'current' and we both are planning to apply I485 + EAD. I got my H1 approved today and tomorrow we will file I485. All these time I am on H4. My question is, when we file I485 is that mandatory to stay myself on H4 visa status??. If that is the case then I have to cancel my approved H1 petition. I recall once my lawyer said I have to be on H4 status when we file I485. Please help.
qesehmk
04-03-2012, 05:36 PM
I think your lawyer is wrong. You can be on H1 and still be dependent / beneficiary of somebody else's GC application. Spec / Veni / Teddy am I right?


I am on H4 visa and my spouse is on H1 visa. My spouse priority date is 'current' and we both are planning to apply I485 + EAD. I got my H1 approved today and tomorrow we will file I485. All these time I am on H4. My question is, when we file I485 is that mandatory to stay myself on H4 visa status??. If that is the case then I have to cancel my approved H1 petition. I recall once my lawyer said I have to be on H4 status when we file I485. Please help.
gc0907
04-03-2012, 08:16 PM
You are right. I have a colleauge who worked on H1 while he applied for GC as a dependent.
Even logically it wouldn't make any sense to take away current job of a person on H1B(Highly skilled) for a future job of primary applicant :D


I think your lawyer is wrong. You can be on H1 and still be dependent / beneficiary of somebody else's GC application. Spec / Veni / Teddy am I right?
JJcalifornian
04-04-2012, 01:57 AM
I am on H4 visa and my spouse is on H1 visa. My spouse priority date is 'current' and we both are planning to apply I485 + EAD. I got my H1 approved today and tomorrow we will file I485. All these time I am on H4. My question is, when we file I485 is that mandatory to stay myself on H4 visa status??. If that is the case then I have to cancel my approved H1 petition. I recall once my lawyer said I have to be on H4 status when we file I485. Please help.

I had similar situation, in fact I filed after 1 month of H1B approval, my lawyer put the current status as H4, I did ask her make it H1B, she was telling as my spouse didn't join the company and not in pay roll, spouse's valid status is H4 instead of H1B.