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

USA Green Card
#1

Background:

  • 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.

#2

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.