I-485 form filing - h1-B to h4 pending


  • Me and my spouse were on H1-B. Both have approved EB2 i140, with priority dates in 2013.

  • We decided to do EB2 - EB3 downgrade, concurrent i485 filing based on October 2020 bulletin. Proceeded with my spouse’s EB2 / i140 for the purpose.

  • Spouse’s application (i485) is straight forward.

  • I lost my job couple of months ago, couldn’t find another H1-B sponsor in the 60 days so filed for COS to H4 + EAD.
    It is still PENDING.

What should I answer the following questions:

  1. On my i485 form, on the question 24:
    What is your current immigration status (if it has changed since your arrival)?
    I arrived last on H1-B, currently in H4 transition. not sure what to fill in here.
  2. On i765 form, part 2, question 12:
    Have you previously filed for I-765?
    As above, I applied for H4 -EAD (i765). But still pending. Not sure what to check here.

Please help. Kind folks on this forum.

You can write ‘pending H4 COS’ as your current status.

You should also write ‘pending H4 EAD’ and provide proofs for both pending H4 and pending EAD.