No. We didn't file 485 yet and my spouse's PD is not current yet. After the 6-year limit, I could not extend my H1B any more. If my spouse's PD is not current at that time, I will definitly change my status to F1 or H4, etc. In this case, Will I still be able to request "unpaid leave" if my employer agrees and will it be legal to do so for both my employer and me?
-After you change your status to F1 or H4, you will not be qualified to be the employee of the employer (can not take unpaid leaves), but the company can hire you back when you have EAD some time later if the company thinks you are inmportant/valuable to the company. So, don't see the unpaid leaves is important.
