Questions: Immigration Related..

V

vigneshbabu

Registered Users (C)
I'm not sure if this is the right form or I should post in H1B related form??..

My husband is using his EAD. And we just noticed the following.

1. His I-94 which was given at the port of entry is expired in Feb 22nd 2003.
2. His visa has expired in April 2002.
3. He applied for a new H1 last year, got approved, got I-94 till July 2005.

My questions are,
1. Is he in status now?..
2. Should we have to re-validate the H1(I heard Revalidation has to be done within one year?)

Pls note that I'm the primary applicant for GC.

Man!... what a pain to micro manage everything to be at this country....

Well, Guys, appreciate your answers..
 
What position in the GC process were you in, when your husband's visa expired in April 2002? If not an adjustee at that time, did he get his new H1B at least before the expiry of the previous one (April 2002)?

These things will determine if he ever was out of status.

Yes, H1 revalidation has to be done before the lapse of one year period following the expiry of the previous visa! But, once he started using his EAD (check if an I-9 was filed showing the use of EAD) then his H1 is useless anyway!!

If these questions about revalidation are from the travel point of view, please get an AP!

Hope I have answered your questions.
 
Prajaram

Prajaram:

you answered my questions..

I'm at I-485 stage just crossed little over 180 days.

Yes, My husband had valid H1Bs without any gap. Just that visa got expired. He already filed I-9 to use his EAD(current job is his second job using EAD)

We both already have AP in case of travel.

Thanks for your answers and time..
 
You must log in or register to reply here.
Top