Spouse H1B Transfer and I-485 at the same time

[kataria]

Quick question for the experts -

My spouse, who is a dependent on my I-485, is going through an H1B Transfer process. Is it ok to transfer an H1B while we file a dependent 485 for her in January.

[whiz]

My H1B has expired. I filed for extension in Aug, but still to get it other than Receipt. So last I94 that I have is an expired one.

I asked my attorney and he said I can file I485 and send my extension Receipt.

If your wife has not yet shifted employers (still working for old company while transfer is in progress), she can just send the I94.
If she has shifted employers, you can still file. Just send the current I94 and the pending petition.

I know everyone is excited and want quick answers, but the best answer for most cases come from your attorney since they know you case. But its always good to cross check here since there will be someone who was/is in the same boat.

[kataria]

Thanks Whiz. Your response certainly helps. I will also check with my Attorney.