ncs_me Posted April 14, 2014 Report Share Posted April 14, 2014 Hi, I have I140 approved in EB1-2 category. My wife has been on H1B but her contract expired suddenly and she has to apply for H4 (I-539) COS based on my H1B. My question is whether I am allowed to apply for I-485 AOS for myself and my spouse if her H4 (I-539) is pending? This is a complicated situation and I would greatly appreciate your advise. Thanks, Link to comment
redgreenbluee Posted April 15, 2014 Report Share Posted April 15, 2014 please consult a lawyer. assuming you have a valid H1, your H1 remains valid if you apply for I-485, so your wife remains eligible for H4. you invalidate your H1 if you use EAD as work authorization or your H1 expires. Hi, I have I140 approved in EB1-2 category. My wife has been on H1B but her contract expired suddenly and she has to apply for H4 (I-539) COS based on my H1B. My question is whether I am allowed to apply for I-485 AOS for myself and my spouse if her H4 (I-539) is pending? This is a complicated situation and I would greatly appreciate your advise. Thanks, Link to comment
Recommended Posts
Archived
This topic is now archived and is closed to further replies.