file 485 while 539 is pending ?

[vandanap]

Hi..

Iam the primary applicant of GC, 140 approved. I recently filed I539 for h1 to h4 cos which is still in processing. However, it looks like my PD for 485 will be current in next bulletin. Can I file I485 while I539 is pending/processing ?

Plz let me know .. would it help if I withdraw the 539 now cos I don't want to delay my 485 filing once its current.. been waiting for long already. Thank you

[JoeF]

Hmm, why did you file for an H4? For the I-485, you need to have a job lined up.

With the COS to H4, you basically admitted that you don't have a job. That would be grounds for an I-485 denial.

Do you have a lawyer? If not, get one, pronto.

[Belle]

You can file I-485.

[vandanap]

Filed H4 as iam pregnant currently and not in a state to work. So, applied for h4 to maintain my legal status. I will be back to work once my due is over either apply h1 or ead if date is current by then.

I talked to my employer before filing and they said they have no problem with it and also that GC is for future employment and they are willing to file my 485 whenever date is current.

[vandanap]

You can file I-485.

Thanks for your response.. feel a little relieved now.

[JoeF]

Filed H4 as iam pregnant currently and not in a state to work. So, applied for h4 to maintain my legal status. I will be back to work once my due is over either apply h1 or ead if date is current by then.

I talked to my employer before filing and they said they have no problem with it and also that GC is for future employment and they are willing to file my 485 whenever date is current.

First, the I-485 is your application, not the employer's. Second, you would have to start working in the job when the I-485 is approved. If you can't due to pregnancy, you should delay filing the I-485 until you are available to work again.

And finally, most women I know work until close to the due date, and then get maternity leave after birth.

[Belle]

Joe, are you saying that if someone has an I-485 approved and needs to delay start of the employment by 3-4 months due to a health condition (!), it is fraud and misrepresentation? Give her a break, seriously. Speaking from personal experience I think every woman in her position deserves a whole lot of understanding.

P.S. I don't think you need to switch to H4 to keep in status. Because this is a health condition, you should be considered in status on H1 even if you don't work.