Jaxen, From EAD to H4 valid?

S

samirbshah

Registered Users (C)
Hi,

I am a primary applicant and have a RFE on I-485. I have a valid H1. My wife used her EAD for working part time. Now she is not working and her EAD is getting expired on 9/24/02.

1. After EAD expires, can she be considered as dependent (h4) ?
2. Should I apply for renewal for her EAD?

Appreciate your help!!!
Thanks,
Samir
 
Adjustee status is underlying

so she need not file a change (with INS) to move to H4. If she does not wish to work in EAD, EAD renewal need not be applied for. Remember EAD enables one to work but is not the document to show status.
If 485 is rejected, she can quickly go out of US and come back in h4 with h4 visa stamp in passport.
 
Jaxen,

Jaxen,

My company lawyer asked me to file i-539 for my wife. Is it required? My wife had used Advanced parole and was paroled till 8/10 on I-94. Now her EAD is expiring 9/24/02. We are waiting for the I-485 approval anytime now. Is she out of status (I-94 expired) ? On what status can she be considered to remain in US?

One more question,
My H1 was expired on 10/31/01 for which I got a renewal. But I haven't got it stamped on my passport. Do I need to get it stamped on my passport in certain time frame.

Thanks a lot,
Samir
 
No need

Since I485 is pending, AP's I94 is not binding. But it will be better if she applies for another AP. However her adjustee status will not expire.
You can get the h1 stamp before 1 year from expiry, from within US.
 
Thanks a lot Jaxen,

But it won't harm if my company files for I539 (Change of status) for my wife. right?

I haven't got the new H1 stamped on my passport within 1 year of renewal but have a valid EAD. Is this okay? or should I send my passport for stamping?
 
You must log in or register to reply here.
Top