Guru's Help Please

[SAI_GIVE_GC2005]

My wife and son H4 expires by Dec 2007. They applied I-485 based on me.
My wife got EAD. But not yet used. My son is 12 years and so I did not apply EAD for him. Both of them have AP got approved. My doubt is "Do I need to get H4 extension for both of them?" OR their status is not out of status, as thier I-485 has been applied and is pending in process? Please clear my doubt.

Thanks in Advance

 

[BigTimeGCVictim]

As long as their 485 is pending then they are not considered as out of status even though their H4 expires.

But if I were you, I will go ahead and apply for H4 extension too.

 

[SAI_GIVE_GC2005]

As long as their 485 is pending then they are not considered as out of status even though their H4 expires.

But if I were you, I will go ahead and apply for H4 extension too.

Thanks BigTime

 

[gc_wait_485]

As long as their 485 is pending then they are not considered as out of status even though their H4 expires.

But if I were you, I will go ahead and apply for H4 extension too.

My spouse got GC, and my 485 is pending. Can I extend H4?

 

[aaifor]

My spouse got GC, and my 485 is pending. Can I extend H4?

No, if you are dependent , you Cannot, since spouse lost H1 status as he/she is now a Legal PR.

You can continue to be Pending Adjustment which is not a status though is allowed by law to be legal

 

[Zgreen]

Unlike H1, there is really not much reason to extend an H4 if you are in AOS.

 

[gc_wait_485]

You can continue to be Pending Adjustment which is not a status though is allowed by law to be legal

My biggest concern is what happens if I travel out of US with AP and come back and then the interview doesn't go well. If I don't travel out of US, I think my H4 will be 'valid' so that I can have a little of chances to rectify the AOS. If I travel out of US, what will be the ramifications in case of the interview turned out 'unapproved'.

Thanks

 

[SAI_GIVE_GC2005]

I noticed from USCIS I-539 form instructions that I need to send the below while applying for H-4 extension for my wife and son
1. My H1 extension approval copy
2. Their Passport copies
3. Their current H-4 copies
4. Marriage Certificate
5. Birth Certificate

Is that all? OR Do I need to send current bank statement and my pay stubs?

Thanks in Advance

As long as their 485 is pending then they are not considered as out of status even though their H4 expires.

But if I were you, I will go ahead and apply for H4 extension too.

 

[BigTimeGCVictim]

I noticed from USCIS I-539 form instructions that I need to send the below while applying for H-4 extension for my wife and son
1. My H1 extension approval copy
2. Their Passport copies
3. Their current H-4 copies
4. Marriage Certificate
5. Birth Certificate

Is that all? OR Do I need to send current bank statement and my pay stubs?

Thanks in Advance

Yes just send 3 paystubs, which should be enough. You dont need to send bank statement.

 

[SAI_GIVE_GC2005]

Thanks BigTime

Yes just send 3 paystubs, which should be enough. You dont need to send bank statement.

 

[SAI_GIVE_GC2005]

Hi Bigtime

One more help. In the I 539 form there is a question to check whether I - 485 has been applied for the applicant or the persons included in the petition.

Do I need check this as yes, as I-485 is under process and both my wife and son got AP and my wife got EAD.

OR Can I say NO for this ? If I say Yes what will be the impact in approving H-4 extension.

Thanks in advance for all your guidance

Yes just send 3 paystubs, which should be enough. You dont need to send bank statement.

 

[TheRealCanadian]

Do I need check this as yes, as I-485 is under process and both my wife and son got AP and my wife got EAD.

Absolutely. Anything else would be a false statement under oath.

OR Can I say NO for this

Sure, if you want your wife and child to be deported.

If I say Yes what will be the impact in approving H-4 extension.

None. Stop trying to figure out the "right" thing to say and concentrate on telling the truth.

 

[SAI_GIVE_GC2005]

Thanks RealCanadian. I will follow to give the right information.
I have one more question. Currently the filing fees for H-4 extension is $300
Do I need to send $300 or $600, as the petition includes my son also. (My wife's H4 will include for my son also). I tried USCIS over phone to get the information. for some reasons it does not recognize the form number I-539 when I enter.

Thanks

Absolutely. Anything else would be a false statement under oath.



Sure, if you want your wife and child to be deported.



None. Stop trying to figure out the "right" thing to say and concentrate on telling the truth.

 

[TheRealCanadian]

Currently the filing fees for H-4 extension is $300
Do I need to send $300 or $600, as the petition includes my son also.

I believe the I-539 covers multiple aliens (at least it did when I filed one for my wife and myself several years ago), so just $300.

 

[SAI_GIVE_GC2005]

Thanks Real

I believe the I-539 covers multiple aliens (at least it did when I filed one for my wife and myself several years ago), so just $300.

 

[SAI_GIVE_GC2005]

Hi RealCanadian

Fianlly I applied H-4 extension for my wife and son. I applied online myself. The current status says that they mailed the receipt notice.

My wife already got EAD. I did not get SSN for her and not applied for any job, as attorney told me to extend H4 first.

My doubt is, whether she can use her EAD now. OR Does she need to wait till she gets her H4 extension approval.

If she uses EAD before H4 approval, will USCIS deny her H4 extension

Thanks in Advance

I believe the I-539 covers multiple aliens (at least it did when I filed one for my wife and myself several years ago), so just $300.

 

[TheRealCanadian]

My wife already got EAD. I did not get SSN for her and not applied for any job, as attorney told me to extend H4 first.

Using the EAD to get an SSN does not conflict with H-4 status.

My doubt is, whether she can use her EAD now. OR Does she need to wait till she gets her H4 extension approval.

If she intended to work, I am at a loss as to why she bothered with the H4 extension.

 

[little_tongya]

SAI_GIVE_GC2005 ,

H4 is backup to all other status. If she has no other status you can apply for her H4 at any point of time as long as you are on H1.

For example, her AOS gets rejected or say EAD extenion rejected, you can apply for her H4 that time.

But to safe side, I always keep extending her H4 and use EAD at the same time.

Please let me know if I am incorrect..

 

[SAI_GIVE_GC2005]

Thanks Real

My attorney said that it is better to apply for H4 extension and keep the status before start using EAD. That's why I applied the H4 status extension.

So you mean to say that if uses EAD for job, it is not going to affect her H4 extension process. Correct

Using the EAD to get an SSN does not conflict with H-4 status.



If she intended to work, I am at a loss as to why she bothered with the H4 extension.

 

[SAI_GIVE_GC2005]

Thanks little_tongya

That's why I applied H4 for her already per attorney's advice. But my doubt is - Can she start use EAD when H4 extension is under process. Will USCIS deny approval of H4 extension as she is going to use EAD before the approval?

SAI_GIVE_GC2005 ,

H4 is backup to all other status. If she has no other status you can apply for her H4 at any point of time as long as you are on H1.

For example, her AOS gets rejected or say EAD extenion rejected, you can apply for her H4 that time.

But to safe side, I always keep extending her H4 and use EAD at the same time.

Please let me know if I am incorrect..