I-94 expiration and filing for 485

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narikmd

Registered Users (C)
I have a H1 which is valid till 2004, and also a I-94 till Jan 2004. My wife is on H4, but her I-94 expires in Dec 2002. I have applied for I140 in Nebraska on March 4th. If I have to file 485 ( may be August/Sept) will the I94 expiration of my wife causes a problem. Is it ok to go ahead and apply for AOS or should I renew her I94 before applying.
Please advice
 
I94 expiry and 485 filinf

I have a H1 which is valid till 2004, and also a I-94 till Jan 2004. My wife is on H4, but her I-94 expires in Dec 2002. I have applied for I140 in Nebraska on March 4th. If I have to file 485 ( may be August/Sept) will the I94 expiration of my wife causes a problem. Is it ok to go ahead and apply for AOS or should I renew her I94 before applying.
Please advice
 
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Should have applied for H4 extension too along with h1 approval. Since her expiry will be about 6 months at the time of your 485 approval it might attract deportation proceedings.
Either send her (and yours) passport for revalidation to get a stamp in the passport or apply for H4 extension based on your H1 approval or go to canada/Mexico and get the H4 stamped. Consult your lawyer.
 
No Title

Thanks Jaxen,
 
Sorry to have missed out on this. But my wife has her H4 visa till 2004 Jan ( same as my H1). It is just that her I-94 is only till Dec 2002. Do you still think that asks for trouble?
 
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