OPT and I-485 filing

[vi_sa]

Hello All,

I am on H1-B and my wife is on OPT and she is currently working as a consultant. My I-140 is approved and I am expecting my priority date to be current next month. I have following questions

1. Can I apply for I-485 for my wife along with me without changing her status to H-4? Has anyone done this and got their I-485 approved with their spouse on F-1/OPT?

2. If I have to change her status to H-4, Can I apply for I-485 while her change of status from F-1 to H-4 is pending, using the confirmation number you receive to check your application status online. I do not want her to travel out of country for h-4 stamping.

3. While her change of status from F-1 to H-4 is pending, is she on F-1 status still or does she loose F-1 status as soon as she applies for H-4?

Kindly reply as I am very confused by this. Thank you very much for all the informative posts. It is really helpful.

Thank you

[redgreenbluee]

please consult a lawyer.

yes, you (H1) and your spouse (F1 OPT) can apply I-485 once your PD is current.

H1/H4 and GC is separate application, your spouse can change to H4 as long as she is in status (F1 still valid). if your spouse opted not to apply for H4, she is still legally to stay in the US with pending I-485 (AOS pending).

she remains F1 until COS to H4 is approved, once H4 is approved, her F1 OPT is not valid anymore and she will need a different work authorization to continue working (if applicable).

Hello All,

I am on H1-B and my wife is on OPT and she is currently working as a consultant. My I-140 is approved and I am expecting my priority date to be current next month. I have following questions

1. Can I apply for I-485 for my wife along with me without changing her status to H-4? Has anyone done this and got their I-485 approved with their spouse on F-1/OPT?

2. If I have to change her status to H-4, Can I apply for I-485 while her change of status from F-1 to H-4 is pending, using the confirmation number you receive to check your application status online. I do not want her to travel out of country for h-4 stamping.

3. While her change of status from F-1 to H-4 is pending, is she on F-1 status still or does she loose F-1 status as soon as she applies for H-4?

Kindly reply as I am very confused by this. Thank you very much for all the informative posts. It is really helpful.

Thank you

[vi_sa]

Thank you very much for the reply my lawyer is insisting my wife change to H-4. I do not mind doing that as long as I can apply for I-485 while her change of status is still pending.