Spouse H4 Status

swapnilpatil

Registered Users (C)
Hello Everyone,

Here's my scenario, I switched employers from company A to company B. I got the new H1-B from Company B but my spouse did not get her new H-4 from Company B(it was lost in mail because we moved). She had a H4 approval from my old employer which was valid till Aug-2004 and valid visa and I-94 with old employer till Aug-2004.

Since our visa( and I-94) stamping was expiring in Aug 2004(which was stamped with the name of old company A), we send it for restamping to St.Louis office in Jun 2004 and got it stamped with the name of new company B. My wife even went to India and came back and got the I-94 valid till Jan 2006.

My question is since my 6 year quota is expiring in Jan 2006 and I-140 and I-1485 going on, will I need to obtain a duplicate of her H4 copy for Company B even before I apply for our 7th year extension.

was she out of status anytime?? her visa and I-94 has always been valid, only thing missing was the new H4 from company B.

Also, the other question I have is she plans to use the EAD, is it advisable to use it when I-140 is pending or should she go for a H1-B.

Appreciate your response
 
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