Tweet
Hi, Please help me out with my situation
I am currently on H1B visa and my wife has filed for COS from H4 to F1 and it is in processing stage. Not sure when it will be converted(She joined college this January on H4 status). Because of some fortunate turn of events my employer will be filing for my Green card (in EB1 status - so hoping if everything goes fine, i will have GC with in less than a year) soon and is recommending that I file for both myself and my wife together as the process to add my wife to GC process at a later point of time could be complicated. And my employee attorney also says that if my I-485 is approved and I haven't applied for my wife's I485 , she will no longer be authorized in the U.S. without a valid H4 non immigrant visa status and If they are not in the U.S., they will likely face issues returning without a valid non immigrant visa status.
I am confused about how to proceed on this. What are the options for me ?
Can I with draw my wife's COS application and apply GC for both of us together.
Or Proceed with GC appllication just for myself and later add my wife to the GC process once her COS is approved? What if her COS is denied and I-485 is approved by then - will she be left with an invalid status.?
Please help me out on this.
Thanks & Regards
I am currently on H1B visa and my wife has filed for COS from H4 to F1 and it is in processing stage. Not sure when it will be converted(She joined college this January on H4 status). Because of some fortunate turn of events my employer will be filing for my Green card (in EB1 status - so hoping if everything goes fine, i will have GC with in less than a year) soon and is recommending that I file for both myself and my wife together as the process to add my wife to GC process at a later point of time could be complicated. And my employee attorney also says that if my I-485 is approved and I haven't applied for my wife's I485 , she will no longer be authorized in the U.S. without a valid H4 non immigrant visa status and If they are not in the U.S., they will likely face issues returning without a valid non immigrant visa status.
I am confused about how to proceed on this. What are the options for me ?
Can I with draw my wife's COS application and apply GC for both of us together.
Or Proceed with GC appllication just for myself and later add my wife to the GC process once her COS is approved? What if her COS is denied and I-485 is approved by then - will she be left with an invalid status.?
Please help me out on this.
Thanks & Regards
