Change of status from H1 to H4 with I-485 pending

[slc_angel]

What is the name of your state? UT

Presently both my husband and I are on H1B. We plan to file our I-485 early July (have approved I-140 through my husband's employer). I plan to start grad school in another state in August (class starts Aug 13th), and my last working day with my current employer is July 27th.

1) Should we apply for my change of status from H1 to H4 to maintain lawful non-immigrant status while the I-485 is pending and before the EAD and AP are approved?

2) If yes, by what date should we file the change of status (I-539) so that I can continue to work till July 27th and then start classes on August 13th?What is the name of your state?

 

[ImmigAttyLana]

If you file the I-485, there is no need to change status from h-1b to h-4. Your H-1B will remain valid even if the I-485 is filed.

 

[slc_angel]

Hi Lana,

Thanks for your reply. The reason I asked the question was because we plan to file the I-485 during the first week of July, and given the expectation that USCIS will be swamped with applications, it might take a month or 2 to receive the receipt. In the meantime, I would need to quit my H1B job (July 27) and move to a different state to start grad school. So in this case, are we still ok NOT filing for change of status (from H1B to H4), since I will not be in H1 status the moment I stop working, and given the fact that I might not receive the I-485 receipt till after starting classes?

Thanks so much for your time!

 

[ImmigAttyLana]

But if you SUBMIT the I-485, and it is submitted properly, the receipt notice is just a manifestation of that. The petition will have been filed as of the date of receipt by the USCIS not as of the date of the generation of the receipt notice.

Please let me know if you have any additional questions or how I can beof further assistance to you in this matter.