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 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?
Originally Posted by vblogs
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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
Last edited by gc0907; 04-03-2012 at 08:20 PM.
NSC - EB2I | PD: Sept, 2007 | RD: 03-Nov, 2011 | ND: 08-Nov, 2011 | FP Notice: 10-Dec,2011| FP Done: 30-Dec,2011
EAD/AP(Approval Email): 09-Dec, 2011 | EAD/AP(Physical Card): 15-Dec, 2011
GC(Approval Email): 27-Jan, 2012 | GC(Physical Card): 01-Feb, 2012
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.
TSC | PD:01/27/2009 | 485/AP/EAD Filed:02/06/2012 | USCIS Received:02/08/2011 | check cashed: 02/13/12 | Receipt Notice received 02/17/2012 FP Completed:05/17/2012 | EAD/AP Approved:04/16/2012| RFE Received:06/13/2014 | RFE Responded :07/11/2014 | LUD : 06/13/2014| I-1485 approved:09/12/2014
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