Thank You very much for the reply. No, Even though I have the EAD card, I never used it. So my status is still H1-B...After NoV 15, I will have to use the EAD card as my H1-B will expire then. SO from then On, I will be on EAD.
She will be attending the visa interview very soon, but due to some personal reasons, she wont be able to join until Nov 5th. You have told in ur mail that she can enter the US even if its only 10 days left in the visa. IF that is true then it’s OK...BUt what will I have to do immediately??? Of course I will file for her EAD and AP as soon as she arrives...but it will take time. Is it OK for her to stay when the I-485 is pending even though h-4 is expired??
-------------- Once her I-485 is filed before her I-94 expiry date then she can stay in US even if H4 expires her status will become AOS pending. Her I-485 should Reach BCIS before her I-94 expiry date; I guess your H1 expires on Nov 15 and her H4 visa stamp is based on your H1 it means she has H4 visa valid till November 15 or will get H4 visa till that date and her I-94 will be issued till that date. She will be fine if you file her I-485 immediately when she arrives in US. Better before November 15 because that day you will loose H1 status and if primary H1 holder loses H1 then H4 is no more valid. She can even enter 2 days before H4 visa expiry date and will have I-94 for 2 days only that is the reason I wrote that she should enter earlier 10-15 days before and you will have less tension to file her I-485. The problem is you being loosing H1 status and using EAD. You may have to start collecting all the documents for her I-485 filling immediately. I hope your employer is not extending H1; it will be much better to file your H1 extension. Request your employer to File for your H1 extension and inform him that after 1st October no need of paying $1000 as training fees to BCIS for H1 extension (if the congress does not pass the new law for same fees) if you consumed your 6 year then you can file for 7th year extension and attach the pending I-485 filing receipt. If your wife reaches before you file H1 extension then file your wife H4 extension with your H1 extension before her I-94 expires. Even if the employer is not ready to pay the H1 extension fees, you can pay it and you might know how to pay. If you file H1 extension and H4 extension then your wife will be in the H4 status and can file her I-485 in relaxed mood and you will be on H1 status and if file extension and don’t use EAD. You have to choose your options. The second alternative is because you will not have enough time to file her I-485 after her entry in US, because she has to do the medicals, photographs, birth certificate or have non availability and 2 affidavits, all the passport page copies, affidavit of support from your side to be notarized (formI-134). If you want to save some money on medicals then ask your wife to get a letter from any doctor who has MD degree that she was given all the vaccinations in past and doctor can write the dates and that has to be on Doctor letter head, Doctor stamp and signature and date on letter (you will save around 120-150) check the medical form what vaccinations are needed. I don’t know your reason to shift on EAD and don’t know full details, if you have more concerns better go to your lawyer and seek the legal advice as your wife still has not got the H4 visa stamp from US consulate. If it is Chennai India, anything can happen and you cant be sure that she will get H4 visa stamped on XYZ date so plan accordingly.
Good Luck!!
