What will be the status?

S

sunny_1010us

Registered Users (C)
Hi,

I have change company on AC21 with H1 transfer. But I didn't file H4 for my wife because she already got her EAD and AP. Her H4 is expired with previous company. I am renewing her EAD.

What should I write for her current status in USA?

Thanks
Sunnny
 
sunny_1010us said:
Hi,

I have change company on AC21 with H1 transfer. But I didn't file H4 for my wife because she already got her EAD and AP.
----------EAD or AP is not STATUS, EAD is for work and AP to enter US
Her H4 is expired with previous company.
---------her H4 is not related to previous company or new company her H4 was based on your H1 status. you could have filed her H4 with your H1

I am renewing her EAD.

What should I write for her current status in USA?
----------------Adjustment of status pending OR Pending Adjustment of status OR AOS Pending

Thanks
Sunnny
Click to expand...

--------------------- She need to sign her application
 
Thanks Ginnu for the reply?

Will it create any problem because I didn't file H4 for my wife? My lawyer told me that, it does not require to file H4 as she has EAD and AP.

Thanks
Sunny
 
AOS is one status that allows her to stay in USA.

H4 is a parallel status and few people want to maintain, so that if in case AOS is rejected, one have another status to remain in US.

EAD is not a status. EAD allows one to work. The moment a H4 starts working with EAD, the H4 status will go away.

I suggest you to write as Ginnu mentioned (and H4 - if she hadn't work at all with her EAD).

sunny_1010us said:
Thanks Ginnu for the reply?

Will it create any problem because I didn't file H4 for my wife? My lawyer told me that, it does not require to file H4 as she has EAD and AP.

Thanks
Sunny
Click to expand...
 
Even if the H-4 visa expires and the dependent becomes a parolee, it is possible to stamp the H-4 along with the H-1B counterpart.
 
Last edited by a moderator:
sunny_1010us said:
Thanks Ginnu for the reply?

Will it create any problem because I didn't file H4 for my wife? My lawyer told me that, it does not require to file H4 as she has EAD and AP.

Thanks
Sunny
Click to expand...

Lawyer did not give you full info OR you met bad lawyer OR you did not informed him that you will pay the Fee for H4. H4 status is for back up. EAD is not status, EAD is only for work and wth EAD one can get SSN.
if you are on H1 status then next time she go out of US she can get H4 visa stamp based on your H1 approval and can enter on H4 status
 
FunLover2000 said:
AOS is one status that allows her to stay in USA.

H4 is a parallel status and few people want to maintain, so that if in case AOS is rejected, one have another status to remain in US.

EAD is not a status. EAD allows one to work. The moment a H4 starts working with EAD, the H4 status will go away.

I suggest you to write as Ginnu mentioned (and H4 - if she hadn't work at all with her EAD).
Click to expand...

is there any time limit to file for H4 incase AOS is denied/rejected when primary has H1 ? How long it takes to get H4 status?

thanks
 
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