Do you need a visa after I-485

M

MDwatch

Registered Users (C)
My wife H4 is about to expire. Do I need to extend her visa or can she just stay put until we get the GC ?

Background:
She does not work and does not need to travel.
My employer will extend my H1 visa


Thanks for your input guys.
 
If your company is going to extend you H1 anyway, extend her H4. She is legal even without one if you both filed I485. But she can travel based on her H4 without the AP hazzle.
 
It is not necessary for you to extend H-4 each time. Since you are from non-retrogressed country, you will get the GC soon.
 
manwithnoname said:
It is not necessary for you to extend H-4 each time. Since you are from non-retrogressed country, you will get the GC soon.
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Well after filing I-485, don't you need to have some sort of status? I could not find the place where it says that you do not have to have a valid visa after filing for I-485 ....
 
MDwatch said:
Well after filing I-485, don't you need to have some sort of status? I could not find the place where it says that you do not have to have a valid visa after filing for I-485 ....
Click to expand...

After filing I-485 you are in what is known as an "adjustment of Status pending", status, if you want to call it that :). Basically USCIS has revcieved your application, and until they approve (or deny, heaven forbid) you do not need any other visa to stay and work legally in US. You can apply and renew EAD for working, and apply and reapply AP for entering US.
 
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