h4 not renewed and visa/i94 expiring - urgent

J

jvinjamoori

New Member
Hi,

I am working on H1 and my wife and kids are in H4 as dependants on my H1B. We all had valid visa and I94 until Sep 30, 2009. In January 2009, I applied for H1 transfer (I switched jobs) and got it approved until November, 2011 (with updated I94 for myself). My lawyer said it not necessary to apply H4 for my dependents since they are tied to my H1 and its legal to stay.

Around July 2007, I filed for my green card under EB3. It is still pending and dates are not current. I had applied for EAD for myself and wife and got the card valid until July 2008. I didn't renew it after expiration.

Since my wife and kids' visa is expiring next week, can they stay beyond? Even if I start H4 extension right away (which I am planning to do), it definitely wont be approved for couple of months.

What should I do in this case? Any suggestions?

Thanks in advance.
_Jp
 
First of all your dependents can stay, they are in authorized stay because of pending I-485. I hope you file separate I-485 for each dependent? They have to use AP to travel.
Second you can file EOS for H4 even last minute. The petition should reach USCIS before last date mentioned on H4. My EOS was filed 3 days before expiration and was approved with new I-94 attached.
 
Thanks for the reply. Glad to know that their stay is legal.

I applied I-485 for all of them along with mine. I am not sure if its been filed separate. I have individual receipts for it as "Derivative Adjustment". I am not sure if its means, I-485 filed separate?

Before I get EOS approval, say my dependants travel to India, they can get VISA stamped for H4 isn't it? In that case, they dont AP correct?

Today morning I e-filed I-539. Keeping my fingers crossed.

My wife's driving license is expiring as of I-94 expiry and California DMV is not renewing her license based on pending I485. It sucks bcos its gonna be hard to get kids in/out of pre-school. You are legal to stay but you cant drive :( Nothing in US is at walkable distance and public transport connectivity is so poor (I should stop complaining now).
 
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I would not recommend travel without H4 visa stamp or AP. Even if she can get H4 stamp and return back, he AOS could be abandon because she leaved US without either H4 or AP. I'm not sure abot this - consult your lawyer.
Also some states issue driver license for EAD holders. Wait till her EAD is approved and try to get driver license again.
 
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