H4 to H1 to EAD

[deluser]

I have a question regarding my wife's visa status.

My wife came on her H4 status in Sep 2005 and her I94 and visa were valid till Sep 2006.

In the mean time in April 2006 we applied for her H1B in USA and got the approval from Oct 2006 to Sep 30th 2009.

She started working on her H1 till June 2009 and from July 2009 she sent an updated I-9 form to her employer for using the EAD.

FYI - In August 2007 she applied for Adjust of Status, EAD & Advance Parole as a dependent applicant. Got Advance Parole and EAD approvals till end of Oct 2008 and later renewed and got the EAD approval for 2 yrs till Oct 2010.

My question is do we need to apply her H4 as of now or just need to renewal her EAD in Oct 2010 ?

 

[ginnu]

I have a question regarding my wife's visa status.

My wife came on her H4 status in Sep 2005 and her I94 and visa were valid till Sep 2006.

In the mean time in April 2006 we applied for her H1B in USA and got the approval from Oct 2006 to Sep 30th 2009.
--------What do you mean by 'We applied"? do you mean US employer filed H4 to H1 COS and once COS from H4 to H1 got approved she worked on H1 status? if she warked on H1 and had H1 based I-94 attached with her H1 approval notice then no problem.

She started working on her H1 till June 2009 and from July 2009 she sent an updated I-9 form to her employer for using the EAD.
-------- that is ok.
FYI - In August 2007 she applied for Adjust of Status, EAD & Advance Parole as a dependent applicant. Got Advance Parole and EAD approvals till end of Oct 2008 and later renewed and got the EAD approval for 2 yrs till Oct 2010.

My question is do we need to apply her H4 as of now or just need to renewal her EAD in Oct 2010 ?
-------She is NOT on H1 or H4 status now and one can file H1 or H4 extension if on valid H4 or H1 Status. She is using EAD for work and her status is AOS pending and for work she need Valid EAD and If she wants to go out and enter then She will need AP applied in US and Approved in US BEFORE she goes out. she can stay in US, She can also work on EAD and if she dont want to work that ok. having EAD does not mean one must work.
**** If she dont want to work on EAD and wants to be again on H4 status and You Primary H1 holder is still on H1 status then she can go out of US and can get H4 visa stamp based on your H1 status.
QUOTE]
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[deluser]

Thank you for your responses. Yes thats true, the Employer has filed for her COS to H1B and got the approval notice along with new I94 attached.

In regards for applying her H4 is because if her AOS case got rejected then she will be out of status. So my question is can we apply her H4 in the mean time to avoid the out of status discrepancy.

Thank you

 

[ginnu]

Thank you for your responses. Yes thats true, the Employer has filed for her COS to H1B and got the approval notice along with new I94 attached.

In regards for applying her H4 is because if her AOS case got rejected then she will be out of status.
---------if her I-485 or AOS gets rejected then she will not have any status. Why do you think her I-485 will be denied???

So my question is can we apply her H4 in the mean time to avoid the out of status discrepancy.
------------------------- She cant apply H4 with USCIS in US as she is NOT on H1 or H4 status. if she wants to be on H4 status then she should go out get H4 visa stamp and enter on H4 status. She can get H4 visa only if you are on H1 valid status.
Thank you

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[deluser]

Just to be in safe. I am currently on H1 status. So you mean to say that we cant apply her H4 from US.
As per your comment if she leave the country and get her H4 stamped outside what will happen to her AOS status ?

 

[ginnu]

Just to be in safe.

------What do you mean by” safe”? You did not provide any info why her I-485 will be denied? How do you think your I-485 is safe? If she does not have any issue related to her I-485 no need to be panic. If the USCIS has any problem and find any missing document they will send RFE and provide the info what they ask.
I am currently on H1 status.
So you mean to say that we cant apply her H4 from US.

---NO.
As per your comment if she leave the country and get her H4 stamped outside what will happen to her AOS status ?
------------------------ If she goes out she should get AP approved in hand before she goes out so that she can use AP for entry to US if any problem in H4 visa stamping. She can get H4 visa stamp and can enter on H4 status. once she enter on H4 status she will be on H4 status and AOS pending.Nothing happen to her I-485 because she entred on H4 status.

What is your PD? PD is the date LC was filed with DOL.
Are you EB3 or EB2?
What is your country of birth?

 

[deluser]

I cannot give a specific reason why her case will be denied. This is just an assumption from my side and any thing can happen to any person any time. So that was the reason I am trying to get more information for her if something happens to her AOS.

She got an RFE on her medicals in September 2009 and responded back in the same month by giving a new I693 from the old civil surgeon. The USCIS has received the documents and further there are no updates as of today.

If she go out of the country and have a valid AP and also got an H4 visa stampped outside the country based on my H1. She can use her H4 or AP while entering the country. But my question is if in the meanwhile her AOS is approved, can she still come in H4 or AP ?

PD is March 23rd 2005 - EB2 - India

 

[ginnu]

I cannot give a specific reason why her case will be denied. This is just an assumption from my side and any thing can happen to any person any time. So that was the reason I am trying to get more information for her if something happens to her AOS.

She got an RFE on her medicals in September 2009 and responded back in the same month by giving a new I693 from the old civil surgeon. The USCIS has received the documents and further there are no updates as of today.
-----------------------------It means USCIS has checked her I-485 file and asked for what was missing and she sent what was asked in RFE by USCIS. I will not worry about her I-485.
If she go out of the country and have a valid AP and also got an H4 visa stampped outside the country based on my H1. She can use her H4 or AP while entering the country.
-----------she can use valid AP or H4 visa.

But my question is if in the meanwhile her AOS is approved, can she still come in H4 or AP ?
-------if she is out of US and her I-485 gets approved and she has valid AP(AP must be approved in US Before she goes out of US) or H4 visa then She will be admitted to US and at POE she will be informed that her I-485 is approved.

PD is March 23rd 2005 - EB2 - India

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[deluser]

Question: But my question is if in the meanwhile her AOS is approved, can she still come in H4 or AP ?
Answer: if she is out of US and her I-485 gets approved and she has valid AP(AP must be approved in US Before she goes out of US) or H4 visa then She will be admitted to US and at POE she will be informed that her I-485 is approved.

Thank you for your reply. Do you have any idea what status will be given on I-94 by POE officer while entering to USA once her AOS is approved and have a valid AP (approved in US before she goes out of US) ?

Also can you please let me know based on her previous history...
Last job was on her EAD as a Programmer Analyst and planning to take a break for 6months to 1year. Later once she decided to resume her work on her EAD, do she need to work in the same area as earlier (Programmer Analyst) or can do any job ?

Thank you

 

[ginnu]

Question: But my question is if in the meanwhile her AOS is approved, can she still come in H4 or AP ?
Answer: if she is out of US and her I-485 gets approved and she has valid AP(AP must be approved in US Before she goes out of US) or H4 visa then She will be admitted to US and at POE she will be informed that her I-485 is approved.

Thank you for your reply. Do you have any idea what status will be given on I-94 by POE officer while entering to USA once her AOS is approved and have a valid AP (approved in US before she goes out of US) ?
---------------------- if her AOS is approved while she was out of US and enter at POE with valid AP or valid H4 visa and officer knows that her I-485 got approved they can admit her PR and can stamp her passport (she will be directed to go to Secondary inspection room). if you get her PR card then you can send her Card and she can enter with Green Card.
Also can you please let me know based on her previous history...
----- I have stopped reading History.
Last job was on her EAD as a Programmer Analyst and planning to take a break for 6months to 1year. Later once she decided to resume her work on her EAD, do she need to work in the same area as earlier (Programmer Analyst) or can do any job ?
--------------------She is NOT the primary for GC and can work in any field after GC.

Thank you

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[deluser]

Thank you very much for your answers....