Wife needs to be on H4 for filing I-485?

[newtoforum2011]

Hi Gurus,

I have a question.

I am expecting my PD to become current next month. My wife is currently on H1B and working here in US. Is she needs to convert to H4 as dependent in order to file I-485? If not required, Will there be any issues or expect RFEs in this process?

And while I was doing some research, I heard If anyone needs to convert from H1 to H4, they have to go back to home country for stamping. Is this true? Consultates in Mexico or Canada stopped doing that?

Apreciate your responses.

Thanks in advance.

[Belle]

No, there is ABSOLUTELY NO benefit for her to go on H1.

[newtoforum2011]

Thanks Belle. What do you mean by that? Which is safe - H1 or H4?

Do you know answers for my second question?

Thanks.

[gcwait101]

AOS(adjustment of Status) as name suggest is you are adjusting your status permanently. Currently you are on H-1/h-4/f1 etc status and you are applying to change your status permenantly(GC-i485).so whaterver legal status you are you do not have to change to apply for GC. I hope this will clear your doubt.

[newtoforum2011]

Thanks parassheth. What happens if the status changes in middle after applying for I-485 AOS? My wife is currently on H1 but her H1 expires in Sept, 2011. I am thinking if I could get EAD soon, why to apply for extension rather change to H4 temporarily?

[newtoforum2011]

Does dependent has to maintain the same status till EAD or 485 gets approved?

[gcwait101]

no it is not necessary to maintain the same status. If she does not wants to work on h-1b try to get her EAD and she can work on that.For converting her to h-4 you have to maintain valid h-1b status.

Also she can totally stop working if she likes once you get your i-485 receipt notice as AOS are allowed to stay in the country legally as long as your AOS is pending (either approve/deny)