I485 (through spouse) while H1B amendment pending

[htyda]

Hi, Would really appreciate some advice for my case.

My husband and I are both on our own separate H1Bs. Recently, my company filed an amended H1B for me due to changes in my role/duties, so I will still be with the same company. Currently, this H1B amendment application is still pending approval (no premium processing) and I started working in the new role once the amendment application was filed and received by USCIS.

Prior to this, my husband started the green card process through his company, and his PERM has been approved so we will apply for the I140 with the I485 simultaneously (our visa number is current) .  Eventually if the I140 and I485s are approved, I will receive the green card through my husband. 

My question is, because my H1B amendment is still pending approval and could take up to 3 months, will there be a problem if I submit my I485 now with my visa status under my existing H1B or do I have to wait until my amended H1B is approved to avoid problems? Can I submit my I485 at any time without worrying about which H1B I am on because at the end of the day it is through my husband's job that I will eventually obtain the green card, and all I need to do is make sure I stay in status in the U.S.? 

Thank you so much for any insight you can provide!

[pontevecchio]

You can certainly file I-140 and AOS/EAD/AP now. I assume we means the company Lawyer?

[htyda]

18 hours ago, pontevecchio said:

You can certainly file I-140 and AOS/EAD/AP now. I assume we means the company Lawyer?

Thank you. Yes the company lawyer will help file. 

Would you mind helping me to understand what the reasoning is behind why there is no issue filing the I-140 and AOS now?

-Is it because the application is based on a future job for my husband and not me? I.e., so as long as my husband is the primary applicant, and I am in status it doesn't matter whether my H1B amendment or any future petitions are pending, e.g. if I switch to H4, transfer employers, etc? 

-Or is it because in general the I140 and AOS is not affected by H1B amendments? I.e., even if I were the primary applicant, I could still have a pending H1B amendment and have no issues with the I140 and AOS?

Many thanks!

[pontevecchio]

I am simply basing this on the fact that you are allowed to work after amendment filing  and before approval which was not possible in the past. The rules would seem to have changed. That would mean you are in status now and can file AOS.