I have a clarification regarding the status of my wife for i-485 filing as my i-140 is approved. My wife filed for an H1 thru a company under last years quota and got the email confirmation that her H1 was approved form 26th october 2006 to 25th october 2009 ,but the applying company never got the actual approval notice (it got lost). In between , due to an emergency (my parents died in an accident) ,we had to leave for india on november 2006 and came back on her H4 on december 2006 as she had not got the h1 yet. We contacted a lawyer after coming back and we were told that since she came back on her h4 visa , the h1 was no longer valid due to last action rule and that she had to extend her h4 or file for a new h1 . So we filed for her H4 again and got the approval notice valid from january 2 2007 to jan 1 2008 . Right now she has an h4 visa valid from january 2 2007 to jan 1 2008 . After that the consulting company got a copy of the now invalid h1 and also filed for an amendment of the H1 and have recently recieved a reciept notice (not the actual amendment). My question is Can i add my wife on my i-485 application as an H4 dependent and apply for EAD and AP ? (that is her present status). Will the last action rule apply? What is the current status of my wife?
I-485 filing . Clarification on status of my wife
- Thread starter ashwinj
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