Spouse I-94 expired, needs to file I-485 What are my options

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I have the same situation as you. My husband just got H-1B extension on May. Because of the mistake of us and attorney, we did not file my H-4 with his H-1B extension. So now My H-4 visa expired on March 8,00 and my husband got the approval of 140 and we need file 485 now. I just sent my application for H-4 extension on May after My husband got the approval of new H-1B visa. It was said by laywer that it will take 6 months or more to get the approval of my H-4 visa application. So what should I do now? Go back to China to get another new h-4 visa? My lawyer said we can file 485 and pay 1000 us dollars for fine because I am out of state. I do not know. Very worried! If I can get some information here, I will highly appriciate it. Thanks a lot.
 
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Hi Mogaram,
Thanks for your information and efforts. Appreciated lot.
My attorney says that they can use 245(k) to file AOS for my wife as she has not yet stayed beyond 180 days. I still would like to go for CP for both of us as it is faster but don\'t know if that is a good option because in that case my wife will have to leave US before 180 days and wait in India till CP interview ==> 6-7 months separation. Any suggestions ..........
Daisy consult to your attorney and 245(k) might hold true for you doesn\'t require 1000 penalty.

This is not a legal advice Please consult an attorney.
 
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Hi Victoria,
Do not worry ! You will be alright.

Did you get the receipt for your wife\'s H-4 extension ?

Wait till you get the H-4 extension notice and file together.
Attach the copies of your H1 approval and her H-4 extension
receipt notice with her 485 papers.

As you already got your H1 extension approved your wife will
get her H4 extension without any problem. It may take some time.
Now-a-days it is taking any where from 3 to 5 months at VSC.

Make sure you add a note in the 485 form (for your wife) (where
it asks for current status ) H-4 extension pending at VSC.
 
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Hi ,
  I never posted any messages here. But I have a question. My H1 got expired recently. Still I have 1.5 years left for 6 years cap on H1. But my employed did not extend my H1 since I got my EAD. My GC priotity date is Dec 98 . It\'s been 7 months I have applied my I-485. Do I have to inform INS or some one that I am on EAD and not on H1? My wife\'s H4 also got expired and she is on I-485. Please reply with your answers.
 
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