My husband EB2 is current but my h4- h1/h1b amendment case is pending

[Mr0012345]

My Husband eb2 is current but my h4-h1 case / h1b amendment (as my h1b was approved 1years back but that time i was in india ) is filed few days back and its pending .My employer is not ready to provide me any supporting documents needed for I-485 filing after my h1 approval for our I-485 filings

Please suggest what would be best option for me now

1. Can i apply for I-485 with my husband on h4 status ( as it is valid till 2013 ) inspite of my COS is pending with USCIS ?

2. Can i withdraw my pending application as i would like to remain in h4 until we get our EAD and dont want to fight with my employer for documents ?

3.am i eligible to work in US after getting receipt number of COS h4-h1b / h1b amendment ?

Any suggestion would be great help to me .

[pontevecchio]

1. Yes

2. Only your employer can withdraw the H1 petition.

3. No. Once you get the EAD based on the AOS filing you can work for anyone in any field.

Once your AOS is on file everything else ceases to matter. Think of the big picture and wait for the EAD.

[dknight]

In your case assuming you have the latest I-94 with H4 status on it. Then you have nothing to worry and can file for I-485 yourself. Even if your employer has applied for COS H1B you should receive the latest I-94 with H1B on it. The only difference while filing on H4 and H1B status is the employment verification letter (to be provided by your employer). Check with your attorney.

[Belle]

EVL is needed for the primary applicant, but not for a derivative. The derivative needs to show that she is in status, which being on H4 and not working covers perfectly. File your petition... and find a different job.

[Mr0012345]

Thank you Belle , pontevecchio and dknight .

Just few last questions.

if by feb1 ie our eb2 current date ..if my employer do not withdraw and my h1b get approved .

1..then what status i have to put in my i-485 ? ( h4 or h1) ?

2. If i put h1 , then my attorney is asking for all h1b petitions and approvals notices which my employer is unwilling to give me .Thats my biggest worry ?

3.if i put h4 , then what i have to put in petition history..if i mention tat i have h1b petition approved ..then i have to provide my attorney supporting documents .. which i dont have ..thats y i dont know what to do . my emplyer is not understanding this at all..

Please provide me the answers .. ( if my h1b get approved before filing I-485)

Looking forward for your precious answers .

Thanking you all in advance,

[dknight]

You should receive the new I-797 form with I-94 attached in case your H1B gets approved in next 10 days. You employer has to provide you that. Right now you are in H4 status. Thats what it matters.

[Belle]

Your employer has to provide you with the notice of action and I-94 from the H1 approval. If they don't, then you don't have H1. And it would be unauthorized employment for you to start working havng the H1 I-94 in hand.

[Attorney_6]

I would also want to look at that H1 filing. It doesn't sound like it would be appropriate for an amendment.

Put the current correct status (which is H4 right now) on the I-485.