H4 is going to Expire, filed 485 ( age 7years)

[SSS100]

Hi,

My H1 and H4 for my dependents is going to Expire in couple of months.I filed 485 for myself and for my depenents ( wife and kid 7years old). For myself and wife we got EAD's, i cannot apply EAD to my kid because he is underage.
Now my question is, what is the legal Status of my kid, because he does not have a EAD and his H4 is going to Expire in couple of monts.

Does any one came across this situation, please let me know.

Thanks in advance.

SSS100

 

[EricS]

Hi,

My H1 and H4 for my dependents is going to Expire in couple of months.I filed 485 for myself and for my depenents ( wife and kid 7years old). For myself and wife we got EAD's, i cannot apply EAD to my kid because he is underage.
Now my question is, what is the legal Status of my kid, because he does not have a EAD and his H4 is going to Expire in couple of monts.

Does any one came across this situation, please let me know.

Thanks in advance.

SSS100

If you are not planning to extend your H1/H4 then your status will be pending AOS (Adjustment of status). You get this status because your 485 is pending and not because you have an EAD. So your kid's status is also pending AOS because his/her 485 is applied. Be sure to apply for AP (advance parole) for all of you if you plan to travel outside US.
BTW it is recommended to be on H1/H4 as far as possible.