I-485 / H4 / I-94 issue

[neversaydie]

My wife is on H4 visa which is valid till April ,2003. However her I-94 has validity stamped until AUG ,2002. I have applied for I-485 this week.


we checked with the INS before I-485 was applied they asked to submit I-539. however after we filed I-485 we checked again with INS this time they said not to apply for any change of status.

My question is Do i need to apply for extension/change of my I-94 validity or my status using form I-539? I am confused about my status, Will it be based on my I-94, H4 or I-485?

 

[immi007]

485 status

Pl. search this forum for similar case and answer. In brief, you don't need to apply for new H-4 or I-94. Once you apply 485, you are an 'adjustee' and 'in status' until INS decides your case. Anybody who applies 485, is automatically 'in status' and shouldn't consider I-94 thereafter whether expired or not UNLESS you still want to continue your H status. This will be helpful only if you are planning to visit out of US and don't have or don't want to use AP.

Of course, there is another facet of this. If you have enough time left on H-1(H-4), you can also continue using H-1 instead of EAD. This is advisable when your 485 may have a chance of denial, and in that case you can continue working on H-1. If H-1 was ceased (using EAD), and 485 denied, you will need to leave US.

 

[neversaydie]

Well basic reason is to be able to travel without having to wait for AP and EAD approval which I think will take quite some time at CSC.

We are stuck between a Rock and Hard Place. Whether we extend/correct I-94 or wait for AP/EAD it might take the same amount of time meanwhile our six yearl limit on Visa will expire on April 2003.

Therefore looking for guidelines. If we get exension on I-94 that obvioulsy will have new I-94 number will that impact our I-485 petition.

 

[immi007]

No

"If we get exension on I-94 that obvioulsy will have new I-94 number will that impact our I-485 petition."

There won't be any effect on 485 app.