Forgot to renew H4(past 1+ yr) --RFE

J

jaknap

Registered Users (C)
Please help:confused: me with some information. Waiting for GC.
Me and my wife on EAD. since November 2001.
Two kids, one's H4 expire on July 2003.(I don't know why Embassy did that in New Delhi)
Second Older kid his H4 initially expires on Oct 2000 then we renewed that as my H1 was also expiring. Expiration date on his H4 is Nov30, 2001.
My company moved me to EAD and said no need to reapply/renew H-1 so me and wife both are on EAD since Nov 2001. As we did not visited India we forgot to see the expiration date of older kid.

We came to know after we get an RFE on me and both kids.
Marriage certificate/Employment letter and Proof of authorized stay in US beyond Oct 2000.


TIA

Jaknap
 
I assume that 485 applications are pending for all of you since 2001. Then you are in status as adjustees from the date of I485 receipt till 485 is adjuducated.
 
Correct. Also they cannot be in H-4 status if you are not in H-1 status. Their status is entirely dependant on yours.
 
Here is update!!!
Attorney says, It is written in the RFE either fill I-485 Supplemental-A -A. You are right because I was not H-1 so how can kids be on H-4.

Let me discuss with attorney, either I would recommend to fill supplemental-A(without $1000.00 fees as the child is minor) and slo send the authorized stay from Nov. 2000 to Nov.2001( when his H4 expires and mine h-1 expires and I moved to EAD)


thanks everybody.
 
After reading that thread now i am curious too.

I came to US in march 98 on H1 and my wife and kid on h4 and had valid I94 till Nov2001. in Arpril 2000 my H1 was switched to new employer but we never filed for H4 switch. Again in Augist 2000 My H1 was switched to new employer till march 2003 and H4 were also switched up to March 2003. I wnat to know was there stay illeagal or leagal during april 2000 to august 2000 , Since there i94 were vaild till nov2001 and based on that also INS extended there stay till march 2003. Our AOS is pending from aprin 02 so was just wondering after reading this they might put up a rfe .

Any views are most welcome.
thanks
 
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The H1 is employer specific while H4s are not. As long as your H1 status is extant and your dependents' H4 is current there is no need to renew. Only when their H4 is expiring you should renew those based on your current H1 expiry date.
You have no cause to worry, given the facts you have disclosed. I do not anticipate a RFE for this!
 
You may not need to pay the $1000 fee for your children. I would need to look it up but children are a little different since they are assumed not to be responsible for going out of status. Check into it before you pay $2000.
 
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