Q: If my wife moves to H1B from H4, can I still apply I-485 AOS for her with my green card application?
My employer has applied for PERM. But given the long time, it is taking, it will be a year at least till I get to the I-485 stage.
A: Yes, as long as she is in valid legal status, she can apply as a derivative in your I-485 AOS
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A:
If your wife transitions from H4 to H1B status, you may still be able to apply for her Adjustment of Status (I-485) based on your green card application. However, it's important to consider the timing and coordination of both processes. If your wife's H1B status is approved before you reach the I-485 stage, she may need to maintain lawful status and eligibility for adjustment of status.
Since the I-485 process typically involves demonstrating eligibility for permanent residency, including maintaining lawful nonimmigrant status, any change in your wife's immigration status should be carefully managed to ensure compliance with immigration regulations. It may be beneficial to consult with an immigration attorney to understand the implications of her transition from H4 to H1B status and how it could affect her eligibility for Adjustment of Status.
By staying informed about the requirements and timing of both processes, you can make informed decisions and ensure that you proceed with your green card application and Adjustment of Status in a way that maximizes your chances of success. Seeking legal guidance can help you navigate any complexities or challenges that arise during this process.
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