H1B to F4 immigration with I-485 pending

[JackPatel81]

Hello,

I had filed I-485 based on F-4 visa category (siblings of US citizen).

Due to February 2011 retrogression, my case is not moving forward.

I have completed finger printing and interview stage.

I am currently on H1B visa. Visa ends in Dec 2013.

If I-485 does not get approved by Dec 2013, what are my options?

Do I need to file for Green card via my employer or can I continue to wait while I-485 gets approved.

I-485 here does not have EAD as this is family based immigration case.

Regards,

Jack.

[Belle]

Consult a lawyer. It is weird that you say pending I-485 does not provide EAD - I thought there was no restriction on the category. Also, with a pending I-485, you can stay legally in the US. Are you sure it is I-485 that is pending, not I-130?

[pontevecchio]

Why are you not applying for an EAD??

[JoeF]

Apply for an EAD. It is always possible with a pending I-485, regardless if it is family- or employment-based.

[JackPatel81]

Consult a lawyer. It is weird that you say pending I-485 does not provide EAD - I thought there was no restriction on the category. Also, with a pending I-485, you can stay legally in the US. Are you sure it is I-485 that is pending, not I-130?

I-130 was filed by my brother for me. Once priority dates became current, I was able to file I-485 (Adjustment of Status).

Before I-485 could be approved, priority dates retrogressed. This is story.

[JackPatel81]

Why are you not applying for an EAD??

Didn't know if I need to apply for EAD. Thanks for letting me know that I can apply for EAD. This is what I was looking for.

[JackPatel81]

Apply for an EAD. It is always possible with a pending I-485, regardless if it is family- or employment-based.

Thanks a lot. I'll start working on this right away.

[pontevecchio]

You are able to file for the EAD based on pending AOS.