Ead & H-1 Extension

J

JIG1973

Registered Users (C)
hello,


My H-1B is expiring on 5/31/2003.I have applied for my I-485,EAD,I-140,adv. payrol ON 12 FEB 2003 to INS
Nebraska.
Shold I apply for extension or wait for my EAD .
aS I have filed I-485,EAD,I-140 for my wife ,do I have to file for her H-4 extension or not?

Thanks

JIG
 
---- You should immediately file for H1 extension your Petition should reach BCIS service center before5/31/2003 (EAD may take time) you should file for your wife H4 extension through Form I-539 and send her extension in the same envelope to BCIS. That way you both will get your extensions at the same time. If you file her H4 separate it will take longer. Remind your lawyer many forget to file for extension of H4 status.
Filing for H1 is in your interest, but employer or lawyer may say that now you have filed I-485 you both are in legal status (that is correct your status is AOS pending) and employer have to pay for the H1 extension fees. But for you and your wife interest better file H1 and H4 extension it has some other benefits for future IF I-140 or I-485 is ….. you will have legal status to stay in US

my 1 cent
 
EAD/H-1 EXTENSION

Hi,

Thanks for yr reply.
Can u guide me on following issues.

1)If my I-140 GET APPROVED BEFORE MY H1 EXPIRE THEN?
2)MY WIFE WILL START WORKING AS SOON AS SHE WILL GET HER EAD CARD so IN THIS CASE HER H-4(Extended) will be valid?
3)I get my I-140 & EAD APROVED & I do not file for H1-extension or my wife is working on EAD ,IN case My I-485 after a year got rejected then will i be in status or not?


Thanks
 
1) If my I-140 GET APPROVED BEFORE MY H1 EXPIRE THEN?
---- Then what? What you want to ask? Question is not clear.
2) MY WIFE WILL START WORKING AS SOON AS SHE WILL GET HER EAD CARD so IN THIS CASE HER H-4 (Extended) will be valid?
--- Once she gets EAD she can start working on EAD, she will not be on H4 status, but if she gets her H4 visa stamp in her passport by visa Revalidation (she needs H4 extension approval for that) then if she want to return on H4 status in future, she has to quit her EAD job and re-enter US with H4 visa and she can be again admitted on H4 status if she wishes in future. If uses EAD and does not leave job and have to enter US, then she has to use AP.
3) I get my I-140 & EAD APROVED & I do not file for H1-extension or my wife is working on EAD ,IN case My I-485 after a year got rejected then will I be in status or not?.
-- YOU WILL HAVE NO STATUS TO STAY IN US; YOU HAVE TO LEAVE US IMMIDIATLY. That is the reason people maintain H1B status till the time I-485 is approved.
 
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