What would happen to my I 485 if I convert to G - 4 from existing HOB . I have approved WAD / AP

Asked over 1 year ago - New York, NY

I am on currently on 1 B visa and I have a dependent on 4 we have a pending 485 ( EBB ) , with approved WAD and AP . Now , I got a new offer from a International Organization which wants me to convert to G - 4 .

Additional information

I am on currently on H1 B visa and I have a dependent on H4 we have a pending 485 (EB2), with approved EAD and AP. Now, I got a new offer from a International Organization which wants me to convert to G-4. So,

My questions are:
1) What would happen to my 485 if I convert to G-4.
2) Can I do the status change from H1 B to G4 residing in the United States by submitting a I-539 form
3) So, if I change to G4 should I change my wifes status too as she already has a EAD and AP?

Attorney answers (3)

  1. Alena Shautsova

    Pro

    Contributor Level 20

    Answered . I agree with my colleague. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at http://www.shautsova.com .

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  2. Haroen Calehr

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . If you change from H-1B and H-4 to G-4 then this is a change of status filed on form I-539 correct. Nothing will happen to the EB-2 I-485 but once the I-485 is approved USCIS will ask you to relinquish your G-4 status and file forms I-566 and I-508 to relinquish your immunity and if you do not your I-485 will automatically be denied. USCIS will also inquire as to your desire to work with the prospective employer who sponsored you for the EB-2 if different then the current G-4 employer.

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . I agree with Calehr. Definitely consult with a local immigration lawyer. I’m sorry, but my firm only handles personal injury cases.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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