Can I continue my GC File with status change???

[jcap1]

Hello All,

Currently I am on H1B with a desi employer. My I 140 was filed in July 2011 but havn't received the approval yet. I am in 6th yr. of my H1 (ext. due in this Nov.). Now because of some unavoidable circumstances I might have to go on H4 (husband H1). So my questions are:

1. Can I keep my GC file open? Since its future employment (and my employer has agreed to continue the file)

2. If I get a RFE while I am on H4, can that affect my file?

3. Will i be able to add my spouse in the 485 stage while me being on H4 and he being on H1?

4. Should i wait for my I-140 to be approved and then go on H4?

5. Will I be able to file for my I-485 on H4 status in case I go on H4, when my PD becomes current?

Kindly suggest me what are my options since i do not want to close my file. Your reply is highly appreciated.

Thanks in advance!

[Belle]

1. No such thing as "gc open". Your I-140 may remain valid, and eventually get approved.

2. What kind of RFE and on what petition?

3. There is no such thing as "adding spouse". Your spouse is a derivative beneficiary if 1) you are married and 2) you are the primary beneficiary.

4. You status or the lack of it does not impact the outcome of your I-140.

5. Sure. You must have the job offer from your employer to take on after your approval.

[pontevecchio]

H4 status has nothing to do with the pending I-140. Your I-140 is your sponsors property. You have no role in closing or opening that file. I suggest you discuss your specifics with the firm of Murthy or any of your choice to make a reasoned decision.

[shandan]

1. Can I keep my GC file open? Since its future employment (and my employer has agreed to continue the file)

• Yes, GC is for future job.
  

2. If I get a RFE while I am on H4, can that affect my file?

• RFE on what ? Again if you are present in US legally or anywhere else in the world, GC is for future job, so your current situation should not be a problem
  

3. Will i be able to add my spouse in the 485 stage while me being on H4 and he being on H1?

• You do not add any one, your spouse would be able to file as your derivative on there own
  

4. Should i wait for my I-140 to be approved and then go on H4?

• No co relation, but having an approved I-140 would guaranty a preserved PD, in case this GC application do not go forward for any reason.
  

5. Will I be able to file for my I-485 on H4 status in case I go on H4, when my PD becomes current?

• Yes, but upon approval of GC you would be required to start working for the sponsoring employer.
  

Good Luck

[jcap1]

Thank you all for you response, really appreciate it.

[EB2GC_FUTURE]

I was on h1b and completed my 6 years term on H1B. No LCA was filed. Now I am on H4, the fact is that I was away from the country for 2 months.

Now my Question.

While on H4 Can i File Perm Labor as future employee, and assuiming that I got perm labor approved, Can i file 140.

Lets say I am lucky and my 140 got thru?

1. can I file H1B extension as i have 2 months left from earlier 6 year period.

Or Should i be on H4 till My priority date becomes current?

I am just trying to understand what status i would be eligible if my future based 140 is approved.