I-485 vs H4

[kashif007]

Please have a look at the following scenarion.

Husband is on H1 B.
Brought wife on H4 to USA when he is on H1B.

Husband took another job using his EAD and applied for I-485 of both husband and wife.

What is the status of the wife if the husband is using the EAD and I-485 is pending ?

Please advice.

[kashif007]

H4 Visa vs EAD

Can someone revisit this question. Let me ask in a simple way.

If an H1B holder changes his status to EAD what would be status of the dependent who is on H4. Will the H4 be out of status ?

[shervin143]

If your I-485 has already been filed, then you are now in AOS pending status. You are no longer in H4.

[kashif007]

Yes I-485 has been applied already.

So Adjustment of Status pending counts as staying legally in the country, without being out of status since the H4 is no more ?

[shervin143]

That is correct.

Yes I-485 has been applied already.

So Adjustment of Status pending counts as staying legally in the country, without being out of status since the H4 is no more ?

[zenith]

I-485 vs H4

Hi Shervin143,

We are all lucky to have you on this site, thank you for all the info you've shared.

If I-140 is approved and I-485 is pending and the primary petitioner lost her job, What would be her options to remain in the US legally without compromising their COS application?

Thanks

zenith