Hope I am posting this in the right place! I have I485s pending for myself, wife and kids. Currently I'm on H1-B and wife and kids on H4. I765 is approved for myself and wife, so my wife will try to get a job. But, our attorney recommends renewing my wife's H4 (expires March 08). We believe that if she takes a job using the work permit from I765, the H4 becomes invalid, therefore renewing H4 seems a waste of time and money. Are we missing something??
I485 and H4
- Thread starter exembra
- Start date
I guess the only benefit is that if her (and your) I-485 is denied, she has a back-up status that will allow her to stay. So, if she has an approval notice for H4 extension, she can get visa stamped when she steps out of the country. However, this will work only if she has not used up 6 years of H visa. If the H4 extension is based on non-availability of immigrant visa, i.e. beyond 6 years, then the H4 is cancelled when I-485 is denied.
It also depends on your H1 visa. If you have used up your 6 years on H1 and your extension is based on approved I-140; in case your I-485 is denied and your H1 is cancelled, your wife's H4 will be cancelled too (even if she has used only 6 months).
I hope this makes things clear
. My wife is planning to use EAD and stay in the "AoS Pending" status.
It also depends on your H1 visa. If you have used up your 6 years on H1 and your extension is based on approved I-140; in case your I-485 is denied and your H1 is cancelled, your wife's H4 will be cancelled too (even if she has used only 6 months).
I hope this makes things clear
. My wife is planning to use EAD and stay in the "AoS Pending" status.