SWD Posted September 11, 2023 Report Share Posted September 11, 2023 Hi, I'm on H1-B and I have EAD from my pending I-485 application too. I'm planning to use my EAD and also trying to convert my spouse's H-4 to H1-B thru her employer. So can this be possible while I'm on EAD (from I-485) my spouse can file H1-B? Also when my I-485 approved my spouse also get's green card even if she is on her own H1-B? Please advice. Thanks! Quote Link to comment
Attorney_6 Posted September 11, 2023 Report Share Posted September 11, 2023 If you intend on no longer maintaining H1B status then generally the spouse can either also rely on her pending I-485 EAD (if she does have a pending I-485, and holds an EAD pursuant to it), or can file a timely change of status petition to H1B (assuming she meets the qualifications). Change in status to H1B does not preclude her from obtaining an I-485 approval. Quote Link to comment
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