AOS filing as H4 visa holder using the EB1 I140

[Sankareswari]

Hi ,

  I have an approved EB1 category I140 with L1 visa in 2017. Before my date became current (to file AOS / i485) , I had to return to India as my L1 extension was denied.

Now my husband is about to enter US in H1 visa. I am planning to enter US in H4 visa and get EAD. I am still working for the same employer (in UK) who filed my i140.

If I start working for my employer in H4 EAD in US, Can I apply i485 being a H4 visa holder once I get i485j supplementary form from my employer?

Thanks

 

[pontevecchio]

Since the employer is the same and presumably?the dates are current, you can directly file for AOS if the company still intends for you to join them.

You do not even have to be working to file for AOS. Let a lawyer do the heavy lifting in filing the AOS.