H4 to H1B while I-485 is pending

[KaranL]

Hello,

 

First of all thank you everyone (& MLF) to support this forum and keep it active all the time. It is very useful to most of us.

 

Here is my question:

While I am currently waiting for my labour approval for my GC filing......

 

Lets assume my labour and I-140 got approved. My employer will now file for I-485 and include myself (primary applicant) and also include my wife (currently on H4 visa) in the I-485 filing. During the I-485 pending situation (for both of us) what will happen if my wife applied for H1B visa (if she found a job)? Is H1B approval a problem when she is included on the I-485 filing?

 

What will happen in case of H1B visa stamping while our I-485 is still pending?

 

Thanks in advance for your support.

Cheers

K

[pontevecchio]

I-485 can only be filed when the PD is current. H1 is dual intent and nothing precludes one from being in H1 status or using the EAD when the AOS is pending.

[KaranL]

I-485 can only be filed when the PD is current. H1 is dual intent and nothing precludes one from being in H1 status or using the EAD when the AOS is pending.

 

Hello pontevecchio,

 

Are you saying that filing H1B for a H4 candidate who is included on I-485 application with the primary applicant (myself) is not an issue?

Are both two different cases?

 

The reason I ask this is because the school/university  immegration department who we approached warned us about F1 Visa or H1B visa for my wife in case she is listed on the Permanent residency or green card application? They think that getting approved for these visas or visa interviews might be an issue.

 

Since both F1 and H1B are Non-Immegrant visas and Green Card applications is showing intent to be a permanent resident at the same time while applying for F1 or H1B.

 

Is this incorrect?

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Also are you saying that once my labour is approved and I-140 is approved. ..........I-485 (which is the next step) will not happen until my PD is current (which is November 2013)?

 

Thanks in advance for clarification.

[pontevecchio]

H1 status is dual intent and allows for Immigrant Intent. I-485 can only be filed when your PD is current .

[KaranL]

Thank you for clarifying.