Spouse Immigration Ques

[lala123]

I have some questions on my wife Immigration. We filed 485 applications for my wife and me in August 2002. My wife H1B and I-94 will expire on Dec 01,2002. Her Company filed for H1B extension. My wife got REF on her H1B and Company responded for that REF. I don’t think that her H1B will approve before Dec 01,2002.


Regarding Her status

Is she become illegal after Dec 01,2002 because of her I -94 expiring. Can she stay legally after Dec 01,2002 in USA?.

Regarding her employment

Can she stay and work legally after Dec 01,2002.



Please let me know if you have any questions.


Thanks
Ram

 

[RAGHUC]

no questions

nop questions,

 

[chuckwu]

re:

1. After Dec. 1, if the H1b extention has not been approved, she is still in adjustee status. It is a legal status pending I-485 approval
2. She need to have a valid H1b or EAD to work legally. However, if she use EAD to work, she loses H1b status.