yhchan Posted January 23, 2015 Report Share Posted January 23, 2015 Hello, I have some questions that I would like to get some opinions from all of you. I am current on H1-B which expires on 8/28/15 and my husband is on F-1 OPT that expires 5/31/15. We are currently in the process of getting a green card through my work (EB2, ROW) so our priority date is current. We are expecting to file I-140 and I-485 concurrently in Feb/Mar or at the latest April. Now we are wondering: Should we apply for an H-4 for my husband in case some thing goes wrong with my green card process? I looked up the processing times, and Texas service center will be handling it if we submit an I-539 to change him from F-1 to H-4 because we are not filing together with an I-129 (worker petition). Texas is only processing cases submitted in August 2014. By the time he changes status to H-4, his OPT would have almost definitely expired, and there may only be a few weeks left on my H1-B. If we are lucky, we may have already gotten our AP and EAD from I-485. Worst case scenario that I can think of: our I-485's are denied. He has to leave the country and wait for me to apply for H1-B renewal, and he gets a H-4 visa stamp at a consulate in his home country. Do you think if it is even worth the hassle and money to change to H-4 now? Link to comment
pontevecchio Posted January 23, 2015 Report Share Posted January 23, 2015 Once the concurrent applications are on file you are both legal to stay. What is your lawyer's take? Link to comment
tusharvk Posted January 25, 2015 Report Share Posted January 25, 2015 H4 as back up can be done if you are concerned about 485 denial; I am curious why though. Link to comment
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