Dear Gurus
Mine is EB3/RIR case with CP Option in I140. Also applied for I485 in December 2004 before the retrogression started.
I have my application at NWD consulate for adjucation since Nov2004 (Thanks to retrogression). My 6 Yrs H1B limit expires in Jan'06. I will be going for extension of H1/H4. My PD is Nov2002. In a light of hope, IF the dates open in Oct2005 (fingers crossed), I would expect interview in Nov Or Dec'05.
Now the twist is that my wife wont be able to join me for the Interview as we are expecting a baby in Nov.
Now we have 3 Options -
(I) Move the Interview further for few months : Apply for Extension of H1/H4 .Then go to NWD and get over with this.
OR
(II) I alone go and complete the process thru CP and request for later date for her interview.
OR
(III)
Complete my CP Process and persue her case thru I485 by applying EAD. (We also filed I485 for both in Dec2004 for the same case)
Now my questions to experts are :
1) If my interview happens before my expiration of H1B 6 yr limit (Before Jan06). Will the H4 Extn be Valid for her ?
2 ) Even after the Interview since I wont be on H1B status, will her H4 be Valid?
3) Can she stay on H4 till she gets Interviewed ? As I will loose my H1B status after IV issuance based on that she is waiting for her Interview ?
4) Also would it be an option to file her I485 and applying for EAD. And switch from CP to I485 for her ?
Pls help as i dont want to jeopradise the process at the very end by doing some stupid mistake.
Thanks
Mine is EB3/RIR case with CP Option in I140. Also applied for I485 in December 2004 before the retrogression started.
I have my application at NWD consulate for adjucation since Nov2004 (Thanks to retrogression). My 6 Yrs H1B limit expires in Jan'06. I will be going for extension of H1/H4. My PD is Nov2002. In a light of hope, IF the dates open in Oct2005 (fingers crossed), I would expect interview in Nov Or Dec'05.
Now the twist is that my wife wont be able to join me for the Interview as we are expecting a baby in Nov.
Now we have 3 Options -
(I) Move the Interview further for few months : Apply for Extension of H1/H4 .Then go to NWD and get over with this.
OR
(II) I alone go and complete the process thru CP and request for later date for her interview.
OR
(III)
Complete my CP Process and persue her case thru I485 by applying EAD. (We also filed I485 for both in Dec2004 for the same case)
Now my questions to experts are :
1) If my interview happens before my expiration of H1B 6 yr limit (Before Jan06). Will the H4 Extn be Valid for her ?
2 ) Even after the Interview since I wont be on H1B status, will her H4 be Valid?
3) Can she stay on H4 till she gets Interviewed ? As I will loose my H1B status after IV issuance based on that she is waiting for her Interview ?
4) Also would it be an option to file her I485 and applying for EAD. And switch from CP to I485 for her ?
Pls help as i dont want to jeopradise the process at the very end by doing some stupid mistake.
Thanks
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