My wife is 485 pending (Dependant), F1. She plans to apply for NIW as our backup. Following are the steps going to happen to her.
1. Submit EAD application. Submit I-140 for NIW and presume that it is approved.
Comment: Her status is still F1. She is still 485 dependant.
2. EAD is approved, and she uses it to work.
Com: She loses F1 and her status changes to 485 Pending Status.
3a. Our 485s are rejected, she apply and changes to H4 (I will keep my H1).
Com: Because she is 485 dependant, she can change to H4 even with 485 Pending Status.
3b. She applies and changes to H1. Our 485s are rejected, she is still H1.
Com: Because she is 485 dependant.
Please point it out if my comment on each step is wrong!
If neither 3a nor 3b work, could she do “F1 --> apply and approve H4 --> use EAD --> 485 rejection --> still is H4 --> apply H1”?
Thank you very much!
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