H4 Visa expired while 485 is in Pending Process

C

chilk

New Member
Hi, I filed 485 in Aug'04 for me, my wife and my Son. My Wife and Son's H4 expired in April'06. I didn't renew their H4 because we filed 485 and it is pending. One of friend told me that I should renew their H4 visa.

I and my wife have EAD's and Advance paroles. My son has only Advance parole.

Can any one please advise me:
a) Should I renew their H4 visa while 485 is in process. If yes, what is the procedure now as it is more than 6 months since the H4 visa expired.

PD: April'04
I140: Approved Sept'04
I485: Filed Aug'04

Thanks
 
chilk said:
Hi, I filed 485 in Aug'04 for me, my wife and my Son. My Wife and Son's H4 expired in April'06. I didn't renew their H4 because we filed 485 and it is pending. One of friend told me that I should renew their H4 visa.

I and my wife have EAD's and Advance paroles. My son has only Advance parole.

Can any one please advise me:
a) Should I renew their H4 visa while 485 is in process. If yes, what is the procedure now as it is more than 6 months since the H4 visa expired.

PD: April'04
I140: Approved Sept'04
I485: Filed Aug'04

Thanks
Click to expand...

as long as you applied I-485 before the expiry date of the I-94 No need of applying H4. They are pending AOS status.
 
tammy2 said:
as long as you applied I-485 before the expiry date of the I-94 No need of applying H4. They are pending AOS status.
Click to expand...

Thanks tammy2,

So my wife and son can enter into US with expired H4 and only on Advance Parole?

As I mentioned I and my wife have EAD's, my son does't. So what status he is in now?
 
chilk said:
Thanks tammy2,

So my wife and son can enter into US with expired H4 and only on Advance Parole?

Your son and wife need the AP oly to re-enter the USA

As I mentioned I and my wife have EAD's, my son does't. So what status he is in now?
Click to expand...

He is in a legal state. It is waiting for "Adjustment of status" .
 
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