Can I apply for I-485 while my application for H4 extension is pending?

[Sam4ben]

 Hi,
My application for H4 extension (I- 539) is pending; however, I have applied for it before my I-94 had expired. Based on the current processing status at the related USCIS office, it appears that it may take over 8 months to get I-485 adjudicated.   So, if I apply for the I-485 now, will my I-485 application will be on HOLD until I-539 is adjudicated or is there a possibility that my I-485 application will be rejected on the ground that I-485 was not adjudicated?

[newacct]

I'm assuming you are immigrating in an employment-based category. If your status has expired for less than 180 days at the time you file I-485, it should not wait for the I-539 to be adjudicated, since INA 245(k) applies, which says you are still eligible for I-485 in an employment-based category as long as you have not been out of status or working illegally for 180 days since the most recent admission, so even if your I-539 were denied your I-485 would still have been properly filed.

If your status has expired for more than 180 days at the time you file I-485, it will have to wait for the I-539 to be approved.

[pontevecchio]

Once your AOS application is on file and you have a receipt, you have no issues regarding the H4. The two are not ralated.