I-485 filing and processing while spouse H1 - H4 COS pending

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04-10-2014, 11:52 AM
Dan2013

I-485 filing and processing while spouse H1 - H4 COS pending

My wife is presently on H1 visa and wish to leave her present job and get back to H4.

My PD is 26 June 2008 EB2 India

If the date gets current while her H1- H4 COS is pending:

Can we file for her 485 as derivative while her H1- H4 COS is pending?
If yes than are there any complications in approval of 485 while H1- H4 COS is pending?

My wife had previously been in H4 status from June 2012 till March 2013, she did her masters from here and have never been for any H1-B or H4 visa stamping.
Are we missing on something? I really don’t want to jeopardize the situation as we have waited long for GC
Has anyone being in a similar situation and what were their experiences
04-10-2014, 11:57 AM
qesehmk

Dan welcome to the forum.

Rest assured a lot of people have been in this situation and nothing to worry here.

She can file AOS as beneficiary as long as she is in US on any valid legal status. COS doesn't matter. All the best.

Quote:

Originally Posted by Dan2013

My wife is presently on H1 visa and wish to leave her present job and get back to H4.

My PD is 26 June 2008 EB2 India

If the date gets current while her H1- H4 COS is pending:

Can we file for her 485 as derivative while her H1- H4 COS is pending?
If yes than are there any complications in approval of 485 while H1- H4 COS is pending?

My wife had previously been in H4 status from June 2012 till March 2013, she did her masters from here and have never been for any H1-B or H4 visa stamping.
Are we missing on something? I really don’t want to jeopardize the situation as we have waited long for GC
Has anyone being in a similar situation and what were their experiences
04-11-2014, 09:02 AM
Dan2013

Thanks for your response Q

I had similar experience with my H1-b in 2012 my company A filed for a H1-b amendment and after 30 days of filing I left and joined another company B, company B petition got an RFE requesting H1-B amendment approval for company A while the petition for company was still in initial review status, thankfully USCIS approved the amendment petition a week after raising the RFE for company B and we were able to respond to RFE in timely fashion. Do you foresee any such RFE on the 485 application for her H4 status?
04-11-2014, 11:55 AM
qesehmk

To be honest - I don't think the company B RFE was necessary. But I guess USCIS can argue they are just trying to avoid immigration fraud.

I am not a lawyer but based on my understanding of immigration matters - a 485 AOS is quite common for somebody trying to change status from S1 to S2. So if there is an RFE it won't be simply because of COS.

Quote:

Originally Posted by Dan2013

Thanks for your response Q

I had similar experience with my H1-b in 2012 my company A filed for a H1-b amendment and after 30 days of filing I left and joined another company B, company B petition got an RFE requesting H1-B amendment approval for company A while the petition for company was still in initial review status, thankfully USCIS approved the amendment petition a week after raising the RFE for company B and we were able to respond to RFE in timely fashion. Do you foresee any such RFE on the 485 application for her H4 status?