Very Urgent, Please Help!!!!!!!!!!!!!

M

MSgetGC

Registered Users (C)
Hi friends,
It is regarding a friend of mine. He is applying for 485 now, but he has some doubts which he expressed to me. I thought I will share it with you all and give him some solution.
His case is, his wife\'s H4 expired along with his first term of H1. He did not get her H4 renewed along with his H1(he is with the same company) because a H1 was already filed for her. She got her H1 after a month from her H4 expiry. But the problem is because of the market, she could not get any project and so she never worked nor has any SSN. Even her H1 is not stamped and so the only I94 that she has is of her H4 which already expired long back.
Now my friend\'s problem is :
1. Can he apply for I485 without any complications?
2. Will his wife\'s status make any difference to their case?
3. What will be the status of his wife (H1 or H4) while filing for 485?
PLEASE HELP HIM BY ANSWERING ALL OR ANY OF THESE QUESTIONS. He did not want to give his identity as he is really worried right now.

Thanks in advance!!!
 
No Title

If the reciept date of her H1 is before the expiry date of H4, I guess she will be fine. No problem for him to apply I-485. If by any chance, she is out of status even for a single day, then problem.

I think, if your friend applies for I-485 with his wife on H1 status, I guess he can apply for EAD also. So she will get EAD and hence she is fine. This may happen anywhere between 3 to 5 months after applying.

It is better to consult attorney as we people just guess and don\'t know about the actual thing.
 
I think

her receipt date of H1 is before the expiry date of her H4 only. But is it ok even though she doesn\'t have her I94 for her H1 and also she never used her H1???
But thank you for your response gcFun....
 
No Title

My wife faced same problem. She can apply for H4 based on her husband new H1. But Rajiv Khanna suggested me to leave this country and get H4 stamping based on her husband new H1 and come back then she will get new I94 in port of entry based on H4. I did this on Dec 1999 and I filled my wife 485 with new I94. We got our GC with no problem. Hope this will help you.
 
No Title

hi,
my uncle had the same problem while applying for I485. their attorney asked them to travel to nearest country like mexico or canada to get a new I94 card and clearly told she cannot apply without a valid I797 form . But as u are telling that u have a valid H1, i think u can use the H1 document to proove her validity of stay. Just talk to u\'r attorney about this.
I am not sure whether this info is useful to u, but i thought incase it might help u.
 
But my friend\'s case is

his wife came just 5-6 months back and so you know how difficult it will be for him to spend all the money again to send her back.

Actually, today one of our collegues said that it is ok as long as you apply for 485 before 180 days from her I94 expiry. Is this true?
 
I think what dam01 says.....

is almost all right....but please do not take any step on your own...consult your lawyer......these days it is not advisable to go out of the country and try and do such things......it\'s become more risky...even though your case is simpler (of H4)......but take some professional help.......

everything will be all right as it does not seem to a very big issue....

take care....
 
No Title

That is what we are saying him too, that it is risky to go out of country now, as these days things have changed, but trying to find other alternatives for him.
 
yes...you are right.....

it is okay to apply for 485 if it is less than 180 days since the expiry of I-94.....please do that as soon as possible.......

you would be able to take advantage of the 245k clause.......

take care....
 
Here you go

Hi

Same situation my close buddy had, currently all her H-4 status is current(meaning let me be little more detailed).DO NOT ACT IMMEDIATELY WITHOUT PROFESSIONAL HELP,Need to be careful.

My friend did not apply for H-4 extention when he applied for H-1 extention (as his attorney told to wait for his H-1 approval(in DEC 2000)).But got there both passports revalidated @St.louis after H-1 approval.

After getting 485 Receipts {thru 485 supplement A form(1k fine)}, He got all his wife status take care off,during this time she did not leave the country, but currently situation is different need to be cautious. Hope this helps.
 
You must log in or register to reply here.
Top