Spouse status after I140 approved and I485 pending

G

GettingClose

New Member
here is my status

EB2
I140 approved
I485 pending for my wife and me (PD 08/2004)
EAD valid through 2010 for my wife and me.
Both of us used AP in 2008


My H1B expires soon and I am thinking to renew it to be safe even though I can use EAD to work. My wife is currently on H4 which will expire soon too with the expiration of my h1B. My question is, shall I renew her H4 too after I renew my H1B even though she has valid EAD card but she does not plan to work any time soon (due to the job market). Do I understand correctly that she will be on AOS status and can legally stay here with or without her H4 renewal?

The reason I am asking this is that my PD is getting close to be current (it is 07/2004 now) and our GC could be approved early next year. I don't want to waste time and money if it is unnecessary. Thanks!
 
GettingClose said:
here is my status

EB2
I140 approved
I485 pending for my wife and me (PD 08/2004)
EAD valid through 2010 for my wife and me.
Both of us used AP in 2008


My H1B expires soon and I am thinking to renew it to be safe even though I can use EAD to work.
My wife is currently on H4 which will expire soon too with the expiration of my h1B.
My question is, shall I renew her H4 too after I renew my H1B even though she has valid EAD card but she does not plan to work any time soon (due to the job market).
----------------You or your lawyer can file her H4 extension with your H1 extension in same envelope.
Do I understand correctly that she will be on AOS status and can legally stay here with or without her H4 renewal?
---------she can stay till her I-485 is pending.
The reason I am asking this is that my PD is getting close to be current (it is 07/2004 now) and our GC could be approved early next year. I don't want to waste time and money if it is unnecessary. Thanks!
Click to expand...
H1 and H4 status has advantages if anything goes wrong with I-485.
 
If something goes wrong with my I-485, I still has valid H1B (asssuming that I renew it pretty soon) and she can always apply for H4 again, right?

My company pays for my H1B renewal and I don't have to spend any time or money on the renewal. But, we have to pay for her renewal if we want to do it. I am just trying to figure out whether we have to do it given our PD can be current really soon. Thanks!
 
GettingClose said:
If something goes wrong with my I-485, I still has valid H1B (asssuming that I renew it pretty soon)
and she can always apply for H4 again, right?
----------------- H4 EXT should be filed BEFORE her I-94 gets expired.
My company pays for my H1B renewal and I don't have to spend any time or money on the renewal.
But, we have to pay for her renewal if we want to do it.
------why the comany should pay for H4 extension?
I am just trying to figure out whether we have to do it given our PD can be current really soon.
----------------PD can go back or can be Current.

Thanks!
Click to expand...

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Thanks, ginnu,

Great point about I94. What confuse me the most is her I94. Her I94 on her H4 approval notice expires on Feb, 2009. But since we used AP in september, 2008, her I94 now was stamped with words showing "valid through September 2009" when we entered US using AP. So, which date is real date for epiration of I94? Will she have any valid I94or does she really need one after Sep, 2009 if she stays as AOS?

The point about not wanting to pay for her extension is that we don't want to waste any more money on INS unless it is deemed necessary. We feel that we have donated enough money to INS already which in return provides the worst service you can immagine.
 
GettingClose said:
Thanks, ginnu,

Great point about I94. What confuse me the most is her I94.
Her I94 on her H4 approval notice expires on Feb, 2009.
---------when did she file H4 extension? if she went out of US and entred again in September 2008.She was supposed to surrender her I-94 before she went out of US. Her LATEST I-94 that she got at POE or through H4 extension is valid. You should know the Last Action rule.

But since we used AP in september, 2008, her I94 now was stamped with words showing "valid through September 2009" when we entered US using AP. So, which date is real date for epiration of I94? Will she have any valid I94or does she really need one after Sep, 2009 if she stays as AOS?

The point about not wanting to pay for her extension is that we don't want to waste any more money on INS unless it is deemed necessary. We feel that we have donated enough money to INS already which in return provides the worst service you can immagine.
Click to expand...
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Why need H4?

Cant your wife just stay in the US legally with her pending AoS?

This is what I'm doing for my wife.

Even if your 485 is rejected, cant you file her H4 immediately?
 
That is exactly what we want to do. But I want to make sure this is OK since our company lawyer did not give me any straight answer for this (she may want to make some bucks by talking me into getting this extension).

It just sounds a little bit odd that my wife will not have any valid I94 after her I94 expires on Sep, 2009. This AOS is definitly new to us since we always have valid I94 (H or F) through all these year.
 
TheRealCanadian said:
Nope, since she has no non-immigrant status to change from. She'd just need to leave the US, get a new H-4 stamp and re-enter.
Click to expand...

Thanks RealCanadian,

But once my wife starts using her EAD , her H4 becomes voided.

If her 485 gets rejected then, still she needs to get out of the country and renter with a new H4 stamp?
 
vj66321 said:
Cant your wife just stay in the US legally with her pending AoS?
---------------She can stay as her I-485 is pending
This is what I'm doing for my wife.

Even if your 485 is rejected, cant you file her H4 immediately?
-------------------- If Primary I-485 gets rejected then both should go out of US. If primary has valid H1 status then She should go out of US get H4 visa stamp and then enter US on H4 status.
If her I-485 gets denied then she will not have any status in US. if she is on H4 status then she will have H4 status and can stay till H4 validity(if spouse on H1 status)
Click to expand...
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vj66321 said:
Thanks RealCanadian,

But once my wife starts using her EAD , her H4 becomes voided.
--------------------Correct. if she use EAD she will not be on H4 status.
If her 485 gets rejected then, still she needs to get out of the country and renter with a new H4 stamp?
----Yes(if you have H1 status)
Click to expand...

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