Legal Question in Immigration Law in California

H4, GC questions on status change

Dear Sir/Madam,

My GC is currently in process, 1 year through LC.

My husband is on H4. If he changes his status to H1 or F1, will it affect the GC process ? I mean will I still be able to include him under GC on I-140/I-485 ?

If he doesn't change his H4 status, what are options for him to pursue studies ?

Will we be able to travel after applying I-485 ?

Thank you very much


Asked on 12/29/02, 8:43 pm

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: H4, GC questions on status change

It doesn't matter what status he's in, as long as he's NOT out of status and as long as he's your husband.

You have to apply for advance parole before you can travel while the I-485 is pending adjudication, or else the I-485 is considered abandoned. The exception is if you continue to maintain your H-1B status, which allows you to travel while on that visa status.

Liem Doan, Esq.

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Answered on 12/30/02, 1:16 am


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