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Applying for H4 while green card application pending

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  • Applying for H4 while green card application pending

    Greetings,

    I applied for the EB2 NIW and adjustment of status last year. I received my EAD in December 2014. I graduated in December and started working in a company with my EAD card. I do not have any other type of visa. However, my wife holds H1B visa. We received a RFE last week requesting for additional evidence that my work has been influential to the field. My lawyer advised me to get H4 visa as a back up plan while we are submitting the response to USCIS. My wife talked to her company and she was told:

    "He does not have a “status” to change from –in other words, he is an adjustment applicant and as such cannot “change” to anything. The only way for him to get the H4 status is to travel out of the US to his home country as process the H4 based on her H-1B. He does this at the US Embassy/Consulate in his home country. The H category is a dual intent and so he can be in the green card process as well as H category. Perhaps he should wait until the USCIS decides his case –and if denied, he immediately departs and then obtains the H4 visa."

    However, my lawyer still insists that I get H4 visa without leaving US. I am really confused and I really appreciate any help.

    Thanks

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