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H4 extension under AOS Help
- Thread starter gcbless
- Start date
honeyhappy
Registered Users (C)
you are the primary applicant and dependents goes with you.honey
norfesept01
Registered Users (C)
Sounds like good advice to me
even though that is not what I did. After filing for AOS, I did not file for an extension of H4 status for my daughters, and I am just a little concerned about it. My lawyer did say that they should be OK, but she could be wrong.
It would be a bummer after such a long wait to find out that we can't stay here because the kids were out of status. I am not losing a lot of sleep over it but would still recommend that you make absolutely sure with your lawyer that you've got it covered.
even though that is not what I did. After filing for AOS, I did not file for an extension of H4 status for my daughters, and I am just a little concerned about it. My lawyer did say that they should be OK, but she could be wrong.
It would be a bummer after such a long wait to find out that we can't stay here because the kids were out of status. I am not losing a lot of sleep over it but would still recommend that you make absolutely sure with your lawyer that you've got it covered.
peace_of_mind
Registered Users (C)
In our case:
My company was applying for H1 extension. I filled out the H4 for my wife and Child and mailed it to my company so as they could put all H1 and H4 together in one packet to send it to NSC. My wife recieved H4 reciepts and our company recieved H1 reciept. I have not used EAD...
My company was applying for H1 extension. I filled out the H4 for my wife and Child and mailed it to my company so as they could put all H1 and H4 together in one packet to send it to NSC. My wife recieved H4 reciepts and our company recieved H1 reciept. I have not used EAD...
peace_of_mind
Registered Users (C)
In our case:
My company was applying for H1 extension. I filled out the H4 for my wife and Child and mailed it to my company so as they could put all H1 and H4 together in one packet to send it to NSC. My wife recieved H4 reciepts and our company recieved H1 reciept. I have not used EAD...
My company was applying for H1 extension. I filled out the H4 for my wife and Child and mailed it to my company so as they could put all H1 and H4 together in one packet to send it to NSC. My wife recieved H4 reciepts and our company recieved H1 reciept. I have not used EAD...
norfesept01
Registered Users (C)
2 more bits
The reason I didn't apply for the H4 extension was (besides being a little careless) that I was advised that the adjustment of status grants an 'adjustee' status until the application is adjudicated upon. Once that was done, all beneficiaries had a dual status (H1/adjustee, H4/adjustee). Applying for an H1 extension maintained my dual status; not applying for an H4 extension meant that my dependant beneficiaries lapsed to just the single adjustee status.
I could well be wrong, but I'd like to believe that I am not. In any case, as I said earlier, it is better to be safe than sorry, and for all those who have the chance, it's probably a good idea to play safe and go for the H4 extension as well. Unless, of course, their lawyer is in strong agreement with the broad line of reasoning I have detailed above.
The reason I didn't apply for the H4 extension was (besides being a little careless) that I was advised that the adjustment of status grants an 'adjustee' status until the application is adjudicated upon. Once that was done, all beneficiaries had a dual status (H1/adjustee, H4/adjustee). Applying for an H1 extension maintained my dual status; not applying for an H4 extension meant that my dependant beneficiaries lapsed to just the single adjustee status.
I could well be wrong, but I'd like to believe that I am not. In any case, as I said earlier, it is better to be safe than sorry, and for all those who have the chance, it's probably a good idea to play safe and go for the H4 extension as well. Unless, of course, their lawyer is in strong agreement with the broad line of reasoning I have detailed above.
Just applying for the H1 extension does not mean that H4 status are extended too. You need to apply for the H4 extension seperately. If your lawyer advised what you said, then I will see what other people thinks about it.
My judgement is, your dependents are probably are/going to be in "adjustee" status unless you apply for H4 (once their I-94 expires).
My judgement is, your dependents are probably are/going to be in "adjustee" status unless you apply for H4 (once their I-94 expires).
norfesept01
Registered Users (C)
I don't disagree
In fact, that is precisely what I said. I never suggested for a moment that by my applying for an H1 extension, my dependants had their H4s extended automatically. All I said was that by not doing so, they have now effectively been reduced to an "adjustee" status. Hopefully that means that they are actually "in status". If not, I guess I'll have to deal with it when I need to.
Appreciate your input though.
Originally posted by muntasir
My judgement is, your dependents are probably are/going to be in "adjustee" status unless you apply for H4 (once their I-94 expires).
In fact, that is precisely what I said. I never suggested for a moment that by my applying for an H1 extension, my dependants had their H4s extended automatically. All I said was that by not doing so, they have now effectively been reduced to an "adjustee" status. Hopefully that means that they are actually "in status". If not, I guess I'll have to deal with it when I need to.
Appreciate your input though.
TheRealCanadian
Volunteer Moderator
Re: I don't disagree
Of course they're in legal status. Filing a timely filed, non-frivolous I-485 automaticallly preserves legal status until the adjustment is ajudicated.
Originally posted by norfesept01
All I said was that by not doing so, they have now effectively been reduced to an "adjustee" status. Hopefully that means that they are actually "in status".
Of course they're in legal status. Filing a timely filed, non-frivolous I-485 automaticallly preserves legal status until the adjustment is ajudicated.
norfesept01
Registered Users (C)
Re: Re: I don't disagree
Thanks for the corroboration. This is what I thought all along, but when the process drags along for as long as it has done, you start having creeping doubts about things real and imaginary. And here's another candid confession; besides believing in the legal advice I had, and being a trifle careless, I also thought I'd save the $360 or thereabouts it would have taken to file for the needless H4 extensions (I would like to caution gcblesss that H4 extensions would not renew H4 visas; if anybody thinks that this would enable their dependants to travel and re-enter the US, they have another think coming).
Originally posted by TheRealCanadian
Of course they're in legal status. Filing a timely filed, non-frivolous I-485 automaticallly preserves legal status until the adjustment is ajudicated.
Thanks for the corroboration. This is what I thought all along, but when the process drags along for as long as it has done, you start having creeping doubts about things real and imaginary. And here's another candid confession; besides believing in the legal advice I had, and being a trifle careless, I also thought I'd save the $360 or thereabouts it would have taken to file for the needless H4 extensions (I would like to caution gcblesss that H4 extensions would not renew H4 visas; if anybody thinks that this would enable their dependants to travel and re-enter the US, they have another think coming).
sooo_tired
Registered Users (C)
can we extend ?
does that mean that if a person already using EAD cannot renew H4 even though H4 and H1 is still valid for few more months? please comment. thanks.
does that mean that if a person already using EAD cannot renew H4 even though H4 and H1 is still valid for few more months? please comment. thanks.
TheRealCanadian
Volunteer Moderator
Re: can we extend ?
If you are in H-4 status, you are not allowed to work. Working (even with EAD) is a violation of H-4 status, therefore you cannot renew the H-4.
Originally posted by sooo_tired
does that mean that if a person already using EAD cannot renew H4
If you are in H-4 status, you are not allowed to work. Working (even with EAD) is a violation of H-4 status, therefore you cannot renew the H-4.
Re: Re: can we extend ?
You are going to get EAD only after you apply for I-485.
Having said that once the principal applicant used EAD everybody looses their non-immigrant statuts. All the family members including the applicant become adjustee.
If the principal applicant is on H1B and other family members used EAD to obtain employment then it is possible to reverse back to H4. How--apply for H4 when applying fo H1.
Originally posted by TheRealCanadian
If you are in H-4 status, you are not allowed to work. Working (even with EAD) is a violation of H-4 status, therefore you cannot renew the H-4.
You are going to get EAD only after you apply for I-485.
Having said that once the principal applicant used EAD everybody looses their non-immigrant statuts. All the family members including the applicant become adjustee.
If the principal applicant is on H1B and other family members used EAD to obtain employment then it is possible to reverse back to H4. How--apply for H4 when applying fo H1.
TheRealCanadian
Volunteer Moderator
Re: Re: Re: can we extend ?
It is possible to revert back, but I think you might need to leave and re-enter the US to do so.
An I-539 requesting a change of non-immigrant status requires that you have an existing status at the time of filing. If you're an adjustee, that's not a valid non-immigrant status (it's really a kind of limbo) so I don't think the I-539 would be approved.
Who knows.
Originally posted by muntasir
If the principal applicant is on H1B and other family members used EAD to obtain employment then it is possible to reverse back to H4. How--apply for H4 when applying fo H1.
It is possible to revert back, but I think you might need to leave and re-enter the US to do so.
An I-539 requesting a change of non-immigrant status requires that you have an existing status at the time of filing. If you're an adjustee, that's not a valid non-immigrant status (it's really a kind of limbo) so I don't think the I-539 would be approved.
Who knows.
sooo_tired
Registered Users (C)
question
Thanks for all your replies guys. Yes I am the principle applicant and my wife is on H4. We are in AOS and i am still on H1 status. Got EAD but dont want to use that. And on the other hand, my wife who was a H4 started working for a company using her EAD. And now i am wondering when I extend my H1:
-Can I apply for H4 extension too? We dont intend to revert back to H4 but just as a back up to come back into the country with H4 and without the Hassels of using AP.....
- Will they reject the application since my wife is already using her EAD?
Thanks.
Originally posted by muntasir
If the principal applicant is on H1B and other family members used EAD to obtain employment then it is possible to reverse back to H4. How--apply for H4 when applying fo H1.
Thanks for all your replies guys. Yes I am the principle applicant and my wife is on H4. We are in AOS and i am still on H1 status. Got EAD but dont want to use that. And on the other hand, my wife who was a H4 started working for a company using her EAD. And now i am wondering when I extend my H1:
-Can I apply for H4 extension too? We dont intend to revert back to H4 but just as a back up to come back into the country with H4 and without the Hassels of using AP.....
- Will they reject the application since my wife is already using her EAD?
Thanks.