I-485 Pending , H4 extension

S

saathia

Registered Users (C)
I am new to this Forum and need your help
1 I have filed I-485 and changed employer after 180 days, I have got EAD but not used, my wife also got EAD but never used, my wife I-485 is filed as derivative status, she is on H4, I did not apply for AP for myself or for wife
2. I joined new Employer by H1B transfer and maintaining H1B status and my H1B approval and I-94 is valid till 2004 and, I have still Valid H1B Visa sticker with past employer name on it and that Visa sticker will expire in Feburary, 2003, I will send my Passport for Revalidation in US

3. When new employer filed for my H1B transfer they forget to file for my wife H4 extension with my papers (I did not wanted join on EAD due to the fear that my past employer may revoke I-140 but till date he has not revoked)
4. My wife H4 visa in her passport and her I-94 will expire February 2003; she has also I-485 pending, she will have expired I-94 after Feb 2003, what will be her status? If any time INS officer asks for her Status in US what she should show

What should I do? Should I file for her H4 extension? Can a person who has pending I-485 and working on H1b status file for spouse H4 extension even if she has EAD (not used)

Please help
Thanks in Advance
 
H4 Visa and Advanced Parole

Hi,
My wife in India currently and going to come back to USA using her Advanced Parole.

her h4 visa stamp on her passport is expired, is it a criteria for AP to have an active stamp

will there be any problems?

Thanks
Deepesh J
 
Hi guys,

Relax. IF I485 is pending, wife is automatically in lawful status until decision is made. If you wan tto work, apply for EAD. IF you want to travel, apply for AP.
 
One can file for H4 extension if principal applicant is maintaining H1B status even if applied I-485 or have EAD, even if you do not apply she is fine and her status will be AOS pending but if you want you can do it, every body has diffrent reason to to do it

You have to file Form I-539 and INS Fees is $ 140
If your spouse has got EAD or field I-485 then you have to fill up A# and that will be on your I-485 receipt and EAD, if you have got SSN# based on EAD then provide that SSN#
In Part 2 of I-539
You have to TICK MARK A
PART 3 of I-539
1. Fill up the Expiry date of H1B (see your H1B approval Notice)
2. Mark YES and write the EAC or LIN or WAC # of H1B approval, you know your service center)
3. 3 Mark YES if filing I-539
4. Write the Employer name, address of H1B holder
--------------
Part 4
Write the full details of Passport, DOB and Address and Address of India or your Country
----
PART 4 Additional Information
a) NO
b) NO
c) YES
d) no
e) no
f) no
g) no

I hope this is the only information you have to provide and Sign it, better attach an addendum that your Husband/wife is earning XXXX amount annually and he/she is going to support you and sign it.

To apply for H4 extension is better if you are on H1B because spouse can always enter on H4 no need of AP and if unfortunately I-485 is denied due to any reason your spouse can Exit US and Re enter US on H4 status immediately if first get H4 extension and then Revalidate from Department the Visa Sticker on Passport

Documents needed, I-539 form, INS fees Check, H1B approval notice copy, 2-4 Recent Pay stubs, marriage certificate, Valid I-94 copy(front and back) of H4 holder, if employer letter is available attach it but not needed as Pay stubs will serve the purpose
Please correct me if I am missing something
 
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