JoeF/Belle/Gurus: Please advise !!

[AGreenC]

I have valid H1B visa & applied for AOS in 2007 before getting married. My spouse is on L1B visa.

It is very likely that my priority date may become current in Aug 2011. I am then planning to file AOS for my wife as a derivative.

Here is the situation -- my wife's project (& therefore her L1B) is going to end soon.

1. Will I still be able to apply for my wife's AOS in Aug 2011 ?

2. If I apply for L1B --> H4 COS now (I may not get it approved within 4 months, but), can I still apply for her AOS in Aug 2011 with her L1B --> H4 COS pending ?

3. If I get I 485 approval before the approval of L1B --> H4 COS for my wife, will my wife's AOS still get processed ? Will she be in a valid status (L1B --> H4 COS application pending protection) even after my I 485 is approved ?

Thanks in advance.

[Belle]

1. Talk to a lawyer about all of the specifics. If you are worried about spouse's status, then up to 180 days out of status are generally covered under 245k.

2. Sure.

3. Your wife's status will be over once the H4 COS is denied. Actually, even if it is approved, it would be null if you are no longer in H1 status.

Personally, I would not bother with H4 COS if the dates are current.