H1-extension or not ?

L

Laxmany

Registered Users (C)
I need suggestion regarding my wife's H1-extension, please help!
My wife's H1 is valid till Oct 31st 2003 , for the past year she was not on the payroll.
My labor got approved recently, and I am planning to file
Concurrently (I-140 and I-485) and EAD for both (me and my wife) ,
so do I still need to apply for her H1 extension or apply for H4. ?
if I don't apply for H1 extension or H4, then what will her status be ?
My 4yr old daughter's H4 also expires on Oct 31st 2003, what about her ?
My wife will not be able to work for 6 more months because she is expecting a baby Sep 2003 , My H1 visa is valid till June 2004, can you please suggest the best thing to do.

Thanks
 
need suggestion regarding my wife's H1-extension, please help!
My wife's H1 is valid till Oct 31st 2003 , for the past year she was not on the payroll.

--- She is out of status
My labor got approved recently, and I am planning to file
Concurrently (I-140 and I-485) and EAD for both (me and my wife) ,
so do I still need to apply for her H1 extension or apply for H4. ?
--- Apply for H4 immediately (you should have done it earlier), change of her status with form I-539
if I don't apply for H1 extension or H4, then what will her status be ?
--- She is out of status, go to good immigration lawyer
My 4yr old daughter's H4 also expires on Oct 31st 2003, what about her?
---- File for her H4 with form I-539 immediately
My wife will not be able to work for 6 more months because she is expecting a baby Sep 2003 , My H1 visa is valid till June 2004, can you please suggest the best thing to do.

--- You must meet good lawyer
 
If your wife is not on a payroll for the past 1 year she is in violation of her H1 terms and she is no longer considered in H1 status.
Seek attorney's opinion in her case. She will be only eligible for H4, I think.
If you file 485 before expiration of your daughter's H4 she does not need H4 extension provided you also apply for AP to enable traveling. Otherwise apply for H4 extension.
 
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