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  1. #1
    Join Date
    Jan 2012
    Posts
    1

    Default Filing I-485 While I-539 Pending

    I am in a state of dilemma as I recently got laid off from my job on 30th december 2011 and have been on bench since then. My husband's I-485 priority date is approaching soon in Aug 2010 and Green Card date is currently on Jan 2010. I wanted to know that shall I file for I-539 (H4 dependent visa) now since I am not working from last 12 days and when we file for I-485 AOS we can show them pay stubs for month of december that I worked. My other question is that can we file for I-485 while I-539 application is pending. Does USCIS wait for I-539 to be approved before it grants EAD? I have read several blogs and found that H1 to H4 COS can take upto 7 months so do u advice to go back to my home country and then get H4 stamped for faster approval or can I file for H4 COS in USA itself and simultaneously apply for I-485 once GC priority date is current?

    Thanks in advance for your guidance.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Filing I-485 While I-539 Pending

    If you're asking whether your husband can petition for you once he obtains permanent residency and is thus no longer in H1B status, yes he can. There would not be much purpose in continuing to apply for H4 status once your husband no longer holds H1B status, as the H4 status of a spouse is derivative of the H1B holder's status.

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