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View Full Version : I-485 Current In July /h4-ead-h1b Question-urgent Advice Needed.


smsthss
06-19-2007, 01:47 PM
Hi all,
Can anybody help me with some valuable advise. I am kinda confused about my situation right now.

I have a I-140 PD JAN 2005 PENDING. Since dates are current, I am applying for I-485 for me and wife in July 1st week. My wife is on H4 and she just attended an interview and got a full time job in an university and they are asking her to start in a month. My question is, only after applyin for I-485, she will get an EAD in 3 months time. Not sure if the job will be open by then. What options do i have?? Can i apply for her H1b via premium processing after i apply for I-485?? is it allowed to change her status from H4 to H1B after I-485 is filed?? Pleae advise me about what options do i have???

Thank you.
Vineet:confused:

spdy_mn
06-19-2007, 01:58 PM
Hi all,
Can anybody help me with some valuable advise. I am kinda confused about my situation right now.

I have a I-140 PD JAN 2005 PENDING. Since dates are current, I am applying for I-485 for me and wife in July 1st week. My wife is on H4 and she just attended an interview and got a full time job in an university and they are asking her to start in a month. My question is, only after applyin for I-485, she will get an EAD in 3 months time. Not sure if the job will be open by then. What options do i have?? Can i apply for her H1b via premium processing after i apply for I-485?? is it allowed to change her status from H4 to H1B after I-485 is filed?? Pleae advise me about what options do i have???

Thank you.
Vineet:confused:

I know this for sure, you can't apply her H1. There is no H1 visas available until next April and that will allow her to start in Oct 2008.

Now, you can apply for 485 and EAD. Talk to the university and tell them that she will start in Spring 2008 instead of the coming fall. I guess they will accept that. By that time she will have her EAD and shouldn't worry about H1 numbers.

Other members correct me if I am wrong.

smsthss
06-19-2007, 02:04 PM
thanks for your reply. why cannot she apply for H1B?? There is no H1B cap limitation to work full time in a state university. to my knowledge she can apply for H1B anytime during a year requesting any start date. Please correct me if i am wrong..

indio0617
06-19-2007, 02:15 PM
thanks for your reply. why cannot she apply for H1B?? There is no H1B cap limitation to work full time in a state university. to my knowledge she can apply for H1B anytime during a year requesting any start date. Please correct me if i am wrong..


YES. You are correct. She will qualify for a H-1B. University employment will
be exempt from the H-1B numerical cap.

smsthss
06-19-2007, 02:17 PM
still no answer for my orignal question :( Can i change the status of my wife from H4 to H1B after we file for I-485 ??

smsthss
06-19-2007, 02:33 PM
Any Advice Plz ?

smsthss
06-19-2007, 06:57 PM
any replies??

Be_Pragmatic
06-19-2007, 07:02 PM
still no answer for my orignal question :( Can i change the status of my wife from H4 to H1B after we file for I-485 ??


You can get an Interim EAD by visiting a local USCIS office

factoryman
06-19-2007, 07:05 PM
discontinued. Anyone with interim EAD in the last few months, please reply.

You can get an Interim EAD by visiting a local USCIS office

smsthss
06-19-2007, 07:08 PM
i was of the opinion that interim EAD is for people who dont get EAD renewals ontime.

smsthss
06-19-2007, 07:08 PM
Can i change the status of my wife from H4 to H1B after we file for I-485 ??

putu99
06-19-2007, 07:11 PM
I have the same question...can I apply for a fresh H1B after filing the I485?

smsthss
06-19-2007, 07:14 PM
seems like this is a grey area...nobody is aware??

perm2gc
06-19-2007, 07:14 PM
Can i change the status of my wife from H4 to H1B after we file for I-485 ??
you have to talk to your attorney.