H4 Status Expiring while in I-485 stage

N

Njie

Active Member
I am on H4 visa which is valid till March 2001. At the same time my husband\'s previous employer is processing our GC and we are in I-485 stage. Do I need to apply for a new H4 with husband\'s new H1(with the present employer)?
 
not reqd. but advisable

you don\'t need to apply for H-4 if 485 is pending since you don\'t lose the status. However, you will need AP if you plan to travel abroad. Also, in case 485 is denied, you will be out of status unless you have a valid H-4. Thus, it is advisable to get a new H-4 even if 485 is pending.
 
H4 issue for spouse...

Immi007,

I am a bit worried now because my company lawyer told me that my wife doesn\'t need H4 (we already filed I485) so he didn\'t renew my wife\'s H4. I am still waiting for the H1B renewal.

I suppose it\'s no use now since my wife has already started working using her EAD card.
 
ead and h-4

yes, once EAD is used H-4 is of no use. However, in case EAD was not used, you could have applied for H-4 at a later stage if I-94 is not expired.
 
Her I-94 will expire in March 2002

But she has already started her new job. Can\'t I change her status to H4 if our GC is rejected? I am still using my H1B visa.
 
yes

you can apply for H-4 again. she might have to go out of the US and re-enter if the new h-4 is apporved after the current i-94 expires.
 
Thanks!!!

Immi007:
  Thanks for your advise. She can go back to Canada and wait for the H4.
 
Gangai amaran and immi007--reply please

Hi gangai amaran and immi007

I think i have same situation,i just applied my 485 couple of weeks
back,my wife\'s h4 visa is valid till july 2003 but has expired 94 what will be her status during AOS.

gangai amaran--like to know when did you apply 485 and what other forms did you happen to send apart from the regular 485

Thanks in advance for the info and any suggestions will be appreciated.

Thx
sa845gc
 
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