Change of Status while I485 is pending

[indrajit0831]

Hi, I have a question regarding change of status concern while my I485 is pending. I am currently on F1 visa(OPT) which is going to expire on April, 2019. In the mean time I have also applied for I485 AOS based on my spouse I485 application, who is the principal applicant. We are currently waiting for our interview to be scheduled. Since the current EB1 visa for India has been retrogressed to 2016, it is quite likely that I won't get green card before my F1 status gets expired on next April. So, here is my question. Is it possible or a legally feasible option to apply for change of status to H4 before my F1 status gets expired, while my I485 AOS application is pending? Second, does the outcome of the COS application has any impact on my pending I485 application? Please, any help or feedback regarding this will be highly appreciated. I need some sort of advice or suggestion regarding this, as I have to make a call sooner than later. Thanks...

[newacct]

Hi, I have a question regarding change of status concern while my I485 is pending. I am currently on F1 visa(OPT) which is going to expire on April, 2019. In the mean time I have also applied for I485 AOS based on my spouse I485 application, who is the principal applicant. We are currently waiting for our interview to be scheduled. Since the current EB1 visa for India has been retrogressed to 2016, it is quite likely that I won't get green card before my F1 status gets expired on next April. So, here is my question. Is it possible or a legally feasible option to apply for change of status to H4 before my F1 status gets expired, while my I485 AOS application is pending? Second, does the outcome of the COS application has any impact on my pending I485 application? Please, any help or feedback regarding this will be highly appreciated. I need some sort of advice or suggestion regarding this, as I have to make a call sooner than later. Thanks...

You could do Change of Status, though it is not necessary. No, a COS denial should not by itself affect your pending AOS, but a COS to H4 in your case shouldn't be denied unless there's some other problem from before, and whatever that issue was could affect your AOS.