What if H4 expires while EAD application is pending ?

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youssefd

Registered Users (C)
Experts,

(i) My H1 status expires in April 2005 (6th year). I don't have H1 stamp on passport yet. I'm waiting for my AP/EAD.
I'm planning to go back to my country in November, get married, apply for H1 and H4 for me and my future wife, then return to US with my wife on H1/H4 status. Then, I plan to apply for I485/EAD/AP for my wife. Here are my questions:

The most urgent question :confused: :

(1) what happens if my wife's H4 expires while her EAD application is pending ? does she loose status or become illegal ? what's the best approach in this case ?

Other questions :o :

(2) Is the approach I'm planning the right approach ? Is there any other alternative to H4, in order to bring my wife to US, then apply for I485/EAD/AP for her ? can I apply, for example, for her I485/EAD/AP while she is outside of the US without H4 status ?

(3) What documentation is needed for getting the H4 stamp at the US consulate ? How long it usually takes for H1+H4 ?

(4) Except having the AP, the usual papers, and doing the NSEERS registration at the departure and arrival, if applicable, is there any other things to do (or to have) before leaving the US for travel to avoid any complications when returning to US ?

(i) detailed answers would appreciated

Kindest regards,
yd
 
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youssefd said:
(1) what happens if my wife's H4 expires while her EAD application is pending ? does she loose status or become illegal ? what's the best approach in this case ?
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Your wife applies for EAD application alongwith the I485 application, right ? As soon as she files I485 and receives a receipt notice, she is in a period of "adjustment of status". Even if her H4 expires, she'll be still in status. But if her H4 expires and that she wants to travel outside...then she needs an advance Parole.
For eg: My wife had H4 when i filed for her I485/EAD/AP. Two months later her H4 got expired, but she remained in status based on her I485.

youssefd said:
(2) Is the approach I'm planning the right approach ? Is there any other alternative to H4, in order to bring my wife to US, then apply for I485/EAD/AP for her ? can I apply, for example, for her I485/EAD/AP while she is outside of the US without H4 status ?
Click to expand...

That sounds like a good approach and the fastest. Other alternative would be is for your wife to get her own visa (like H1 or F1). She can also apply for "follow to join" at the home country consulate. But the waiting time for that is much longer than applying within the states.

youssefd said:
(3) What documentation is needed for getting the H4 stamp at the US consulate ? How long it usually takes for H1+H4 ?
Click to expand...

It slightly depends on the consulate you are applying. It can vary anywhere from 1 to 3 months. The consulate interview is mandatory in majority of the cases. Documentations include: Your passport copies (all pages), your H1 papers, spouse passport (original), your financial documents like W2, paystubs, bank statements, Marriage certificate, marriage photos (including photos of marriage attendees and ceremonial functions).

youssefd said:
(4) Except having the AP, the usual papers, and doing the NSEERS registration at the departure and arrival, if applicable, is there any other things to do (or to have) before leaving the US for travel to avoid any complications when returning to US ?
Click to expand...

Not that i am aware of. Keep all the relevant documents. Mail one copy of you AP to your home country in advance (just in case...) and carry the others.

good luck .. :)
 
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