I’m in H1. My wife is in F1 and she currently has a pending OPT-EAD application for her summer job. My lawyer just notified me he is ready to file my I-140/485 concurrently. This is supposed to be good news, but here is the problem, the company that I work for is going through changes and there are tons of uncertainties on my job. On one hand, I want to file I140/485 thing now and start the clock for AC21; on the other hand, I’m afraid if I file I140/485 with my wife together, that will jeopardize my wife’s career once I lost my job. The reason being that is once I put my wife’s name on the 485, her current F1 will stay but her pending OPT-EAD application as well as any future F1-related application (maybe even H1) will be most likely declined because of AOS status.
Here is my plan, I alone will file the I140/485 with “married” status now, then I amend her name on the I485 later on after my wife’s pending OPT-EAD gets approved and hopefully after my job gets a little bit more stable. In this way, all the eggs won’t be in the same basket.
My question is whether this is doable. Will my wife’s pending OPT-EAD application be affected anyway even though her name is not on the I485 now? What is the disadvantage of this approach? Please share your opinion on this.
Here is my plan, I alone will file the I140/485 with “married” status now, then I amend her name on the I485 later on after my wife’s pending OPT-EAD gets approved and hopefully after my job gets a little bit more stable. In this way, all the eggs won’t be in the same basket.
My question is whether this is doable. Will my wife’s pending OPT-EAD application be affected anyway even though her name is not on the I485 now? What is the disadvantage of this approach? Please share your opinion on this.
