How to file H4 while EAD is pending....?

eb2august01

Registered Users (C)
Hi Gurus,
My employer has filed my I-485, AP and my wife's I-485, AP and EAD on march 19th 2004. When I asked about my EAD, my HR replied that they wanted to go for 7th year extension for me. He said that it will be good to be on h1b rather than using EAD, because my I-140 is still pending. Now my employer is going to file my 7th year extension soon.

1. Will it be a problem if I maintain H1b status and my wife works on EAD ?.

2. Do I need to file H4 for my wife and keep her on H4 status until getting the I-140 approval ?.

3. Let us say I maintain H1 status and my maintains EAD, if for some reason my I-140 gets denied what will be my wife's leagal status in this country????

4. Can one apply for H4 while an EAD application is pending ?


Gurus please throw your best advises to me.

Thanks
eb2august01
 
Did you get the answer to your questions. I am also looking for the same answer. How to apply H4 while staying in US on pending AOS.
 
urguest

Hi urguest,
I haven't got any reply from anybody in this forum. Let us wait for some more time and see. Please post here if you get answer from anybody.


Thanks

eb2august01
 
Originally posted by eb2august01
Hi Gurus,
My employer has filed my I-485, AP and my wife's I-485, AP and EAD on march 19th 2004. When I asked about my EAD, my HR replied that they wanted to go for 7th year extension for me. He said that it will be good to be on h1b rather than using EAD, because my I-140 is still pending. Now my employer is going to file my 7th year extension soon.

1. Will it be a problem if I maintain H1b status and my wife works on EAD ?.


2. Do I need to file H4 for my wife and keep her on H4 status until getting the I-140 approval ?.


3. Let us say I maintain H1 status and my maintains EAD, if for some reason my I-140 gets denied what will be my wife's leagal status in this country????


4. Can one apply for H4 while an EAD application is pending ?
.


Gurus please throw your best advises to me.

Thanks
eb2august01

1. No it won't be a problem.

2. It would be better if you file for her extension too if she's not planning to work, if she is then it doesn't matter since she'll be using her EAD

3. Do you mean your wife maintains EAD? I'm not sure about this but I think if she has used her EAD then she's no longer on H4 even though you've maintained your H1 so I'd say her case seems to abandoned but again I'm not 100% sure on this.

4. Do you mean extension? If you can apply for your 7th year extension then definitely you can file for her 7th year extension even while EAD is pending. You cannot file extension only when you or her have used your EAD. In your case you've not so you can file for extension for her.
 
Last edited by a moderator:
san_gcwait

Hi san_gcwait,
Thank you so much for your reply. My wife's EAD application is still pending, and I am not planning on having my wife work on EAD until getting my I-140 approval. My current H1b and my wife's h4 are valid till october 2004. My employer is going to file for my H1b (7th year) extension now (APRIL 2004). As you said, If both of us maintains a non-immigrant status (h1/h4) then we can keep extending the H1/H4, Is that correct ?. Could you tell me how to apply for h4 visa if my employer does not apply for H4 and applied my H1 alone ?.

Thanks for your time.

eb2august01
 
Re: san_gcwait

Originally posted by eb2august01
Hi san_gcwait,
Thank you so much for your reply. My wife's EAD application is still pending, and I am not planning on having my wife work on EAD until getting my I-140 approval. My current H1b and my wife's h4 are valid till october 2004. My employer is going to file for my H1b (7th year) extension now (APRIL 2004). As you said, If both of us maintains a non-immigrant status (h1/h4) then we can keep extending the H1/H4, Is that correct ?. Could you tell me how to apply for h4 visa if my employer does not apply for H4 and applied my H1 alone ?.

Thanks for your time.

eb2august01

I'd have done the same. Wait until you get your I-140 approval then let her use her EAD. Yes that's correct you can file for 8th year extension too if both of you mainitan a non-immigrant status (h1/h4). Try to push your employer to get her H4 extended with yours, its much more easier since they've your case details etc. but if they don't then any immigrant lawyer would be able to help but again you'd need some help from your current employer to get papers signed etc.
 
san_gcwait

Hi san_gcwait,
Thank you so much for your immediate reply. I should say that you are much more faster than our HR manager and you have given much more details than him too. I will talk to my employer and have them file my wife's h4 together with my h1b extension.

Thanks
eb2august01
 
Re: san_gcwait

Originally posted by eb2august01
Hi san_gcwait,
Thank you so much for your immediate reply. I should say that you are much more faster than our HR manager and you have given much more details than him too. I will talk to my employer and have them file my wife's h4 together with my h1b extension.

Thanks
eb2august01

My pleasure. Welcome to the I-485 club :cool:
 
Re: san_gcwait

Originally posted by eb2august01
Hi san_gcwait,
Thank you so much for your immediate reply. I should say that you are much more faster than our HR manager and you have given much more details than him too. I will talk to my employer and have them file my wife's h4 together with my h1b extension.

Thanks
eb2august01

Just a note that filing H4 extension is your/your spouse's responsibility, not your employer's and you can do it yourself pretty easily.
 
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