H-4 expires before we file 485.

[Daisy Lee]

My current situation is:

  1 My husband\'s first H-1B visa expired on 3/8/01, and he got his H-1B extension on May "Untill 4/2004".

  2 When he applied for his H-1B extension, we forgot to apply my H-4 extension with him. So I-94 on my H-4 is still the old date "Until 3/8/01". I am out of status now and I just applie for my H-4 extension on May after he got this new 3 year H-1B extension. But INS will take 6 months or more to process my applicaiton. I will keep "out of status" untill I get the approval from INS.

  3 Now my husband got I-140 approval. So we should file 485 now. But my current situation is that I am out of status for 3 months and I am waiting for the decision of my H-4 renewal.

  should I file 485 with my "out of status " situation or go back to China to get my H-4 renewal within 180 days?

  Thanks a lot for your help.

 

[Harapattha]

No Title

When I applied for I-485 still H4 for my wife and son was not approved. You only need receipt number of H4 while applying for I-485. Talk to your attorney regarding this. Hope this helps.

Harapattha

 

[INS Nightmare]

No Title

my H1 and my wife\'s H4 expired last nov..
and my extn is pending for the last 7 mnths or so...
But we still went ahead and filed 485 2 mnths back.
Does not hurt to file and once you get your approval you
could send the updated H1/h4 docs to INS to put in your 485 records.
atleast by filing now you could start the clock on 180 day rule.
Good Luck.
Also apply for EAD/AP for both of you while applying 485

 

[Daisy Lee]

No Title

Thanks you, Harapattha and INS Nightmare! We will go ahead to file 485 and although I applied my H-4 extension too late, my lawyer told me 245i can cover my current situation. Thanks again. And hope you two have good news as soon as possible.