Do I need to file H1 extension when 485 is pending?

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perai123

Registered Users (C)
My I-485 WAC-02-056-XXXXX is under process. My H1B expires by Apr 03. My six year stay also expires by then. Suppose if my case is not approved even by Apr 03 (I positively hope it will be approved well before Apr 03)

Should I ask my company to apply for my H1B extension and H4 extension for my wife and kid? If so when should they apply for the above?

I have EAD but not my wife and kid. In that case is it OK not to apply for the extension of H1/H4 for any of us?

Experts, Please clarify.

Thanks
 
You all are under valid visa status as AOS even if u do't apply for H1 and H4. However u will need EAD to work after that time period and will need AP to go out of country. ITs up to u to decide u wanna file for extension cause that is also possible or be as AOS and use EAd.
 
I think it is safer to go the EAD route

As suggested by ghost-rider above, its upto you,

but being in AOS and getting EAD will be much better, otherwise if you extend H1, then you have to work for the same employer even after the 180-day period is over.
 
What about I-94

what about I-94 ? It will expire along with H1. Does one have to bother about extending it if EAD option is selected ?
 
Thanks for all your replies.

I already got EAD, but my wife and daughter don't have any EAD. In such case after the expiry of our H1 and H4 by Apr 03, is it legal for them to stay without applying for any H4 extension as we are in pending AOS?

My question is should I apply for H4 extension for my wife and kid in case of not getting 485 approval before Apr 03? Or will it be considered as a valid stay as their AOS is pending?

Please reply

Thanks
 
I guess you have already applied for 485 for you wife and kid so they are verymuch legal till there AOS id pending. Yeh you will require EAD only when ur wife wants to work otherwise u do't need EAD and similarly u will need AP to travel out .
 
i've the same question as the earlier poster. could you please answer?

what about I-94 ? It will expire along with H1. Does one have to bother about extending it if EAD option is selected ?
 
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