Question to Ginnu and TheRealCanadian: on passport validity & H4 Extn

another_fella

Registered Users (C)
Ginnu, TheRealCanadian

I have couple of questions, on which I would highly appreciate your views.

1. Is there a minimum validity period (like 6 months) for the passport while filing 485? The reason I ask that is my wife's passport is valid up to Oct 2007, and we are in the process of getting it renewed. If the passport needs to be valid beyond Oct 2007, then I start looking into ways to get the renewal expedited and get the new one for 485 filing.

2. My wife's H4 extension (it expired in May 09, 2007) has been filed along with my H1 extension in April 2007, but we had received receipt only for H1 extension. For some strange reason USCIS has returned the check that was sent in for H4 extension, saying the fee is not required, and they listed me as the beneficiary on the notice that was sent to us along with the check. When I called USCIS, they suggested that we re-file the H4 with a letter explaining what happened and a copy of the original returned H4 Fee check and the letter from USCIS.

I am trying to talk to the company attorney to get this re-filed, but with all the 485 mad rush I haven't heard back anything from them. Do you guys suggest that we re-file the H4 extension our self or go through the attorney? If we are filing it by our self, can you help with the any other things that need to be kept in mind while doing so?

With the H4 Extension re-filing and all, should we continue and file 485 for her without waiting for the H4 receipt?

Thanks for any suggestions and for taking your time to read through this.
 
Ginnu, TheRealCanadian

I have couple of questions, on which I would highly appreciate your views.

1. Is there a minimum validity period (like 6 months) for the passport while filing 485?
--NO
The reason I ask that is my wife's passport is valid up to Oct 2007, and we are in the process of getting it renewed. If the passport needs to be valid beyond Oct 2007, then I start looking into ways to get the renewal expedited and get the new one for 485 filing.
------------------file her I-485 with copy of her valid passprt, she can renew later
2. My wife's H4 extension (it expired in May 09, 2007) has been filed along with my H1 extension in April 2007, but we had received receipt only for H1 extension.
For some strange reason USCIS has returned the check that was sent in for H4 extension, saying the fee is not required, and they listed me as the beneficiary on the notice that was sent to us along with the check. When I called USCIS, they suggested that we re-file the H4 with a letter explaining what happened and a copy of the original returned H4 Fee check and the letter from USCIS.
------------------ you need to talk to lawyer who filed her H4 extension, did your wife sign form I-539? did she provide her valid I-94 (front and back) did the lawyer sent it?
I am trying to talk to the company attorney to get this re-filed, but with all the 485 mad rush I haven't heard back anything from them. Do you guys suggest that we re-file the H4 extension our self or go through the attorney?
If we are filing it by our self, can you help with the any other things that need to be kept in mind while doing so?

With the H4 Extension re-filing and all, should we continue and file 485 for her without waiting for the H4 receipt?
----------file and search for 245(k)
Thanks for any suggestions and for taking your time to read through this.

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