H4 extension

S

sajrg

Registered Users (C)
Hi,
My spouse's H4 is expiring on Aug 2004 but my H1(6th year) is valid till Feb 2006. When I did the transfer to another company they did not file for her extension. I-94 is also valid till Aug 2004. We have our 1-140 approved with another company. I am planning to stay on H1 while my wife is going to use EAD.
Please advice what is our best option.
While transfer INS issued the H1 approval with wrong dates. My 6th year is supposed to end on Feb 2005.
I am really worried and have no idea what to do.
Any help is appreciated.
 
Your H1 is valid only till Aug 2005, it is upto you to count the 6 year period.
You can also apply for H4 extension/transfer on your own (I539 and support docs).
If you decide to apply for EAD dont forget to apply for AP.
My suggestion would be to do all of the above just in case. It will cost you maybe 100-200$ more but it covers all possible scenarios.
 
Thanks a lot for your reply.
One more question. How soon should I join my employer after getting I-140 approved? Our EAD is still pending. Also will I able to accept a full time position without working for the employer who is sponsoring my GC? applied I-140/I-485 concurrently on Sep. 24 2003.
Any help is greatly appreciated.

Thanks again.
 
jaxen..please suggest

My wife entered US on H4 visa, changed to H1 and worked for a while. Currently she is working on EAD based on my I140/485 filing. I have my H1 extension, but I didn't apply for wife's H4 because her status had changed from H4-H1-EAD (without H1 stamping) Her H4 expired in December 2002.

I am worried about I40 being denied. Can I now file I539 for getting I797 papers for her? Is it absolutely necessary for her to go for H4 stamping based on my I797.
 
sajrg: You can join the GC sponsoring company after GC approval (I485 approval) at the latest. Yes you can take up some other employment. After 6 months of 485 pending and I140 approval you are no longer obliged to join the GC sponsoring employer

rajudm: No 140 wont be denied. Does she have a AP?
 
jaxen

she has AP expiring on June 10, 2004. In the event I140 gets denied then 485/EAD/AP becomes void.

How can she get back to H4 without leaving US? it is not possible right?

may be visit canada before AP expires and get the H4 stamp done. does she require H4 - I797? or just supporting documents are good enough.

Also she has valid H1 approval till December 2005. Can she switch to H1 and work without leaving US?


thanks
 
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Thanks a lot jaxen. I was confused because my lawyer said after getting GC but my employer(filed GC) is telling after EAD I have to because it is safer.
 
rajudm:
She cannot get H4 without leaving US.
To get H4 supporting docs are enough (and your H1 approval/visa)
She can switch to H1 without leaving USA. Safest option.
 
thank you Jaxen

Thank you very much for your answer. You willingness to help by answering our concerns is very much appreciated.

You said the safest option is to switch to H1 (already having a valid H1) without leaving USA. Does this apply even if she doesn't have an H1 stamp? All she has is the expired H4 stamping. She hasn't gone out of USA after changing from H4 to H1.

I needed to ask you more thing which should be asked in the different thread ----> If I apply for EB2 (NIW) and get the I140 receipt no. can I link it to the existing I485?

thanks once again.
 
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