Green Card Question

[vmiami]

I am on H4 visa and my spouse is on H1 visa. My spouse priority date is 'current' and we both are planning to apply I485 + EAD. I got my H1 approved today and tomorrow we will file I485. All these time I am on H4. My question is, when we file I485 is that mandatory to stay myself on H4 visa status. If that is the case then I have to cancel my approved H1 petition. I recall once my lawyer said I have to be on H4 status when we file I485. Please help

[vmiami]

I am on H4 visa and my spouse is on H1 visa. My spouse priority date is 'current' and we both are planning to apply I485 + EAD. I got my H1 approved today and tomorrow we will file I485. All these time I am on H4. My question is, when we file I485 is that mandatory to stay myself on H4 visa status??. If that is the case then I have to cancel my approved H1 petition. I recall once my lawyer said I have to be on H4 status when we file I485. Please help.

[supremeone]

You are applying to adjust your current status. There is nothing wrong with maintaining the current status. It is that status that makes your legal in the US. Make sure you file all the relevant forms including I-130,I-485,i-864,I-765 and submit your up to date immunization or medical report. For your own good u may add relevant supporting document to say you time. Without that, i bet there will send u a RFE request for submission of additional supporting documents. Thanks and good luck...You may consult a lawyer. Mine is only a layman knowledge of the fact...