140 & 485 pending - H1, H4 renewal - URGENT

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bmt74

Registered Users (C)
Guys,

Pardon me, if this is not the appropriate forum to post this question. This is urgent.

My I-140 and 485 are pending at NSC. My H1 and my wife's H4 expires on Dec 26, 2004. She has got EAD and AP valid until Oct of next year. She is going to apply for jobs using her EAD. Now my question is, I know it's a good idea for me to apply for H1 extn, but do I need to apply for my wife's H4 extn also ?. My lawyer says yes. I was wondering why because she has a valid employment authorization to stay in this country legally.

Guys, I appreciate your inputs as I do not have much time left out for renewal.

Thanks
 
bmt74 said:
Guys,

Pardon me, if this is not the appropriate forum to post this question. This is urgent.

My I-140 and 485 are pending at NSC. My H1 and my wife's H4 expires on Dec 26, 2004. She has got EAD and AP valid until Oct of next year. She is going to apply for jobs using her EAD. Now my question is, I know it's a good idea for me to apply for H1 extn, but do I need to apply for my wife's H4 extn also ?. My lawyer says yes. I was wondering why because she has a valid employment authorization to stay in this country legally.

Guys, I appreciate your inputs as I do not have much time left out for renewal.

Thanks
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BMT 74

If your Company is going to pay for the H1 and H4 then go for it. If you are paying for the H4, I do not think you should go for it as she already have EAD and AP.
 
If for some reason I-140 is denied your wife will be out of status. With valid H4 she can go out of country, get visa stamp and return back on H4. I'm in the same situation and I paid for my wife's H4 extension.
 
voldemarv and madhu69, thanks a lot for your response. Good point there - what if my I-140 is denied for some reason.

I do not mind spending money to keep my legal status in this country safe !!
 
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