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ncs_me

I-485 AOS while spouse's I-539 is pending

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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,

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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,

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