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Re: Dependent visa status pending green card approval

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  • Re: Dependent visa status pending green card approval

    Hi
    My wife and I are Indian citizens. Presently, I work as a postdoctoral fellow. I have been on H1B visa in the US since Nov1 2005. I am planning on applying for green card through EB2 (National Interest Waiver). I understand that as an Indian citizen (born in India) I will be subject to a backlog based on the visa bulletin, so I cannot file for I-485 in this category even when my I-140 is approved. Thus, I also plan to apply through EB1a (Extraordinary ability) where there are no cut off dates for I-485. My wife is now on H4 (she worked for 5 years and is currently taking a break). I would like to know if I apply for EB1a I-140 and subsequently I-485 (self and wife), will my wife then be free to change her visa status back to H1 when she gets a job while the EB1a application is still being processed.

    I would appreciate any thoughts and/or suggestions?

    sincerely
    Siva

  • #2
    Originally posted by sivanju View Post
    will my wife then be free to change her visa status back to H1 when she gets a job while the EB1a application is still being processed.
    She sure can as long as she does not have a GC. You have to be in H1 status until she moves out of H4 to H1.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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