Help, does my wife need a H4 to stay??

[wurzbach]

My wife's OPT (F-1) expired on June 19, 2003, and August 19 will be the last day of the grace time. I have got a H-1 and we both got EAD (due to I-140/I-485 pending). Does my wife need a H4 to stay here? and can she file H4 now??

Any help/suggestions will be greatly appreciated!

 

[badobo]

Ur wife either needs H4 OR must have applied for 485 to be in legal status.
As u have mentioned that u have applied for 485 for ur wife - she is in legal status. She needs to have advance parole to travel out and come into US.

 

[wurzbach]

Originally posted by badobo
Ur wife either needs H4 OR must have applied for 485 to be in legal status.
As u have mentioned that u have applied for 485 for ur wife - she is in legal status. She needs to have advance parole to travel out and come into US.

THANK YOU VERY MUCH FOR YOUR QUICK REPLY!!!

My point is: since the I-140/I485 is not a sure thing at present time, we are afraind if I-140 gets denied, she may be forced to leave US. Getting a H4 for her can secure her status here. Can my wife apply H4 now based on her present situation? if she can, should she indicate her previous OPT (F-1, expired two months ago, grace time, August 19), or indicate her I-485 pending?