Spouse Immigration Ques

L

lala123

Registered Users (C)
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
 
well!!

is she not having a EAD. if you filed in August.?? just wondering.
she will not be illegal as her case(485) is pending. if she want's to work.
she has to have a valid H1-B or EAD.. if not she cannot work..
 
H1-B Premium processing will expedite your spouse ability to continue working sometime in late December.

H1-B is supposedly taking 5 months now.
 
If your wife was on H1B previously and now H1B Extension/Transfer is filed then she is just fine, she is in H1B status and she can work based on pending H1B.

-PCee
 
Not illegal

Your wife's status won't be illegal as she has a pending I-485. However, she won't be able to work if she doesn't have a valid work permit (H1b or EAD).
A pending H1b (extension) application might be a valid work permit - better consult a lawyer.


TheWho.
 
Last edited by a moderator:
I think she will stay legal

I agree with PCee...You are extending a H1B and its pending - that is all that matters - you can stay on...but best to ask lawyer...
 
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