My H1B runs out by the end of the month and my priority date is 7/16/13. Based on my estimate, I may or may not have enough time to get 140 approved and H1 extended beyond the end of this month. My hu*****and's priority is becoming current so I was going to submit the 485 together with him. However, the attorney notified me today that he needs me to change to the H4 status soon and need to include the H4 receipt in order to submit my 485.
I have four questions.
1. Why does he need the H4 receipt in order to submit my 485? Is it to prove that I am in status when the 485 is reviewed?
2. If so, should I change to H4 in the U.S. or should I try to get a visa stamp overseas? The attorney mentioned that it will be quicker to take the trip back to China.
3. USCIS states that they will excuse a late filing caused by the government shutdown. Does it mean that I can submit my 140 and eventually H1 extension as long as I am less than 16 days late from the date I expire?
4. If the answer to 3 is yes, should I wait to see what happens with my H1B given that I will effectively end my H1 if I change to H4?
Thank you!