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Timing of H4 application

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Hi all,

 

I have an approved, self-petitioned I-140 application, and a pending AoS (I-485) and EAD applications. Currently my wife and I are in the US using our pending AoS case. Recently, I got a job offer and they will sponsor an H1B visa (cap exempt) for me. I have a question regarding my wife's H4 status. Initially, we planned to apply for H4 together with H1B. Then, we realized that her EAD from AoS will arrive soon. As soon as she uses the EAD, her H4 becomes invalid. So there is no point in applying for H4 for her. My question is, if our AoS is denied can we apply for H4 without her leaving the US? 

 

I know we can apply for H4 EAD as well, but it will take much longer to arrive than AoS EAD and she wants to work as soon as possible.

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