Some one please help.

[Anil_Verma]

I have applied my 140/485/EAD/AP for me and my wife and my daughter in May 2004. My daughter is studying in India. We have applied her 485 and AP when she came here for summer vacations. She left to India in July.

My H1-B and my daughter's H4 are expiring (6 years) in October 04. My attorney is saying that she has to come to US before her H4 expires and go back to India on AP in order to maintain the status. Is this right ? Or is there any alternative for that ? Can I apply for H1-B 7th year extension and H4 for my daughter and can she come to US with that H4. Please clarify.

If I apply for 7th year extension, in case there are any issues with my 140 and denied, can I stay in the US till the end of 7th year extension ? Or I will be out of status immediately after 140 is denied ?

Can somebody please clarify ?

 

[ginnu]

I have applied my 140/485/EAD/AP for me and my wife and my daughter in May 2004.
My daughter is studying in India. We have applied her 485 and AP when she came here for summer vacations. She left to India in July.

My H1-B and my daughter's H4 are expiring (6 years) in October 04.
My attorney is saying that she has to come to US before her H4 expires and go back to India on AP in order to maintain the status. Is this right ?
---- she should be back before her H4 expires, and when she comes to US she need to apply AP and AP must be approved when she is in US , then she can depart US and again be back before AP expires, your lawyer is correct as she does not have AP with her

Or is there any alternative for that ?
Can I apply for H1-B 7th year extension and H4 for my daughter and can she come to US with that H4. Please clarify.
----- that is the best, apply 7th year H1 then let her get H4 visa based on your 7th year H1 from US consulate in India, YOU have to maintain H1 status and should NOT use EAD
If I apply for 7th year extension, in case there are any issues with my 140 and denied, can I stay in the US till the end of 7th year extension ?
---- YES, if 7th year H1 is approved you can stay till 7th year H1 is valid
Or
I will be out of status immediately after 140 is denied ?
---- H1 will be valid but EAD AP I-485 for all will be denied
Can somebody please clarify ?

 

[Anil_Verma]

Ginnu, Thanks for your response.

Can I apply for my Daughter's H4 when she is in India along with my H1-B (7th year extension) ? After applying her AP/485 in June 04' she has left to India.

If she get the H4 then can she get it stamped in India and return to US on H4 visa ?

 

[ginnu]

Ginnu, Thanks for your response.

Can I apply for my Daughter's H4 when she is in India
----- NO, Extension of H4 or any other Visa status can be only filed with USCIS IF the person is in US
along with my H1-B (7th year extension) ?
After applying her AP/485 in June 04' she has left to India.

If she get the H4 then can she get it stamped in India and return to US on H4 visa ?
---- she CAN get H4 visa stamp from consulate based on YOUR H1 approval notice

 

[Anil_Verma]

One last question Ginnu.

Are there any H4 stampings in Chennia consulate based on H1 (7th year). Or will there be any issues. Why I am asking this question is, If my daughter's H4 (current one expires in Oct 04') is denied then she will not be able to enter US.

Now she has an option of entering US on current H4 and go back to India on AP.

 

[ginnu]

One last question Ginnu.

Are there any H4 stampings in Chennia consulate based on H1 (7th year).
---many have got, search the threads
Or will there be any issues.

----- it depends if your papers, W-2, LCA wage are correct or not
Why I am asking this question is, If my daughter's H4 (current one expires in Oct 04') is denied then she will not be able to enter US.
------ depends on the reason why they will deny, I dont know your past history, all depends on your H1 papers and supporting documents
Now she has an option of entering US on current H4 and go back to India on AP.
----- if she has valid H4 she can enter US and then she need the AP to be applied IN US when she is IN US and she should have approved AP in Hand before she goes out of US, I dont know your service center it takes 3-5 months to get AP approved