Can't file wife's I-485...Need advice from experts!

A

AlterEgo

Registered Users (C)
I started my GC journey in 2002 (details in my signature). Recently I got married and my wife joined me in USA on H4. I have not used EAD so far and my 6 years of H1 are finishing in a couple of months. I inquired my attorney about filing my wife's I-485, the answer is: it can't be done till your PD becomes current. This leaves me only with the option of extending H1 beyond 6 years or is there an alternative?

About extending H1 beyond 6 years, I am trying to find
- Can I apply for a 3 years extension at once?
- If I have to use AC21 when I am in 7th year H1, will it be possible to do an H1 transfer to the new employer?
- Does H4 automatically get extended with H1?

Thanks in advance for any information....this forum has been really helpful.
 
I was also in the same situation. My employer filed for H1 and H4. H1 and H4 approved for 3years

INS fee for H1 $1690
INS fee for H4 $200

Thanks
 
Thanks for the reply ac_dc.

Do you know of any document/reference which states we can get 3 years H1 extension if I-140 is approved?

Also can this extended H1 be used for switching employers?
 
AlterEgo said:
I started my GC journey in 2002 (details in my signature). Recently I got married and my wife joined me in USA on H4. I have not used EAD so far and my 6 years of H1 are finishing in a couple of months. I inquired my attorney about filing my wife's I-485, the answer is: it can't be done till your PD becomes current. This leaves me only with the option of extending H1 beyond 6 years or is there an alternative?

About extending H1 beyond 6 years, I am trying to find
- Can I apply for a 3 years extension at once?

YES
- If I have to use AC21 when I am in 7th year H1, will it be possible to do an H1 transfer to the new employer?

YES
- Does H4 automatically get extended with H1?
No, You have to file H4 extension also (I-539)

Thanks in advance for any information....this forum has been really helpful.
Click to expand...

You just need proof of I-140 filing (I-140 receipt) or I-140 approval to request your 3 year extension.

Extended H1 is same as H1, you can transfer to any employer (Using AC-21 & keeping GC processing alive)
 
Which I-94?

Attorney is asking I-94 for filing H1 extension application. Last time I entered on Advance Parole and it says so on my I-94. I also have an I-94 copy which came with my I-797 and is still valid. which one should I provide? Can entering on AP create any problem for H1 extension?
 
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