EAD from dependent I-140

[vivekthotla]

Hello,

Mine is a really specific case. I finished my PhD and I am on OPT extension. Couldn't apply for H1 during my first OPT due to employer issue. I only have one chance to apply for H1. My current employer is also planning to apply for O-1. But if none of these work, I was planning on applying for a GC application on EB-2 with premium processing with my wife (MS) as dependent who is on H1. If me and my wife get an approval for the I-140, can I change my status to H4 and still be able to work with the previous I-140?

[scientist2016]

The I140 filing is for the employee only. Spouse addition comes only at the time of filing I485 (adjustment of status). Yes you can change your status to H4 or even H1. It does not matter. Filing and accpetance/rejection of I140 has no bearing whatsoever on your ability to change your current immigration status. Only filing I485 has any bearing on this. By the same token, until you file I485 it is your responsibility to maintain legal status. Just filing or acceptance of I140 does not confer any immigration status benefits. The only exception being if you are on H1, you have an accepted I140 and your PD is not current, you can apply for H1 extension.