EAD Renewal or H4

S

san13

Registered Users (C)
hi,

Presently I am on H1 and my Visa in the passport is expired last year but have a approved H1 which is valid till Feb 2006. My wife is on H4 and her visa is expiring in April 2005. Presently I and my wife also have EAD's and Neither me nor my wife have used/worked on EAD. But both our EAD's are expiring in March 2005. As our both EAD's are due for renewal, I am applying for my EAD renewal. For my wife's case, As she never used/worked with EAD during the last one year and she wont be using/working for the next one year period. In this case is it better to apply for her H4 or EAD Renewal or BOTH. Please advice and Based on your confirmation/suggetions I will move forward in applying either or both.

Thanks in advance for all your suggetions.

Thanks
san13
 
short answer, do both. I would suggest to continue maintaing non-immigrant status of h1/h4 independent of pending i-485. God forbid, but in case if something happens to your/spouse pending i-485 , you/spouse can rely on h1/h4 status to continue a lawful status.

I-94 is the key document that determines your/spouse legal status . I assume it references h1/h4, therefore your h1/h4 continues to be valid till expiration of h1/h4 referenced I-94 card.

I also suggest you to consult with a good attorney before making final call. I am not attorney or have any training /education in immigration law.
 
free advice is a good thing, but be careful about the professional level and expertise of the party that you receive a free advice. If you are in H4 situation, I would think that your employer's attorney should be your 1st stop.
 
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