Q1) Being on H4 status, I have filed my I-485 AOS as a Principal Applicant. If I can change my status from H4 to H1B

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Customer: For Denise only,Q1) Being on H4 status, I have filed my I-485 AOS as a Principal Applicant. If I can change my status from H4 to H1B after filing my I-485, then do I need to inform USCIS upon changing my status to H1B? As my I-485 Adjustment of Status was filed based on H4 status as per the I-485 form.Q2) I had H1B Non-Subject to Cap approved (I-797B without I-94) from my home country for which I never went for stamping due to lockdown and executive order. The approved petition was valid till 2023. Then I had to resign due to family medical reasons. If I rejoin the sponsoring employer in the future before 2023 (i.e. before that approved petition expiry), can I use that previously approved H1B petition for stamping if not revoked and still has validity remaining?Q3) Being on H4 status, I have filed my I-485 AOS as a Principal Applicant and for my wife as Derivative Applicant who is currently on H1B. Later once her Priority Date becomes current, can she also file I-485 AOS as Principal Applicant and for me as Derivative Applicant while there are already another applications filed earlier that are still pending with USCIS? I meant, can there be two separate I-485 applications filed and remain active in parallel with USCIS for the same applicants?
Answered by Denise Cann in 5 mins 1 year ago
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Denise Cann, Expert

Got this one too! :-)

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Denise Cann, Expert

A1) Remember with the 485, you will have to inform USCIS of any employer change via 485 Supp J, so the answer is "yes" if you intend on working for someone other than your original employer. The 180 day pending is important in this consideration.

A2) Yes.

A3) Yes, USCIS will take the successful 485 application of the two.

Customer
Oh ok. Thanks Denise.
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Denise Cann, Expert

You are very welcome. :-)

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