Wife H4 expried. please suggest.

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Test_Forum_User

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Hi ,
My H1 and my wife's H4 6th year term exprired along with I-94 card in passport and we filed for I-484 10 months back. My employer filed for my H1b7th year extension but did not file for my wife H4.

Now my question is, it is ok for my wife to stay in US legally though her H4 expired but filed I-485 10 months back?.

Thanks,
 
My H1 and my wife's H4 6th year term exprired along with I-94 card in passport and we filed for I-484 10 months back. My employer filed for my H1b7th year extension but did not file for my wife H4.
---- Lawyer should have filed her H4 extension with your H1B papers, they don’t do if you don’t inform or care about your spouse H4 status, you should have informed him

Now my question is, it is ok for my wife to stay in US legally though her H4 expired but filed I-485 10 months back?.
---- She can stay in US as her status is AOS or I-485 pending, she will need AP approved in hand before she goes out of US and should enter US before AP expiry date. It is much better to maintain H1 or H4 status till the time I-485 is approved because if I-485 is denied due to any reason one has to leave US. if she goes out of US she can get H4 visa stamp from US consulate based on your H1B approval notice if she has not used EAD( keep approved AP as safety if consulate create any problem for H4 visa stamp), or talk to lawyer if he still can file her H4 extension I don’t know when her I-94 expired
 
ginnu, thanks for ur reply. please clarify

Hi Ginnu,
The reason y we didn't apply for my wife's H4 is, if during H4 processing , she gets a Job, she cannot take the job as once the H4 is filed, we consider her as on H4 and need to pull off the application from INS.

What do you think?. Her H4 expries on Nov 15th of this year.
 
Test_Forum_User

Mere filing of h4 would not prevent your wife taking any job in ead (i presume you both have got ead)

if she finds a good job she can use her ead to work. but once she starts using ead her h4 will be automatically invalidated. later if you wish to change her status to h4 then you might have to sent your wife out of usa and enter again on h4 with new i94.

As Ginnu suggested it is always better to maintain h1/h4 until your adjustment of status is adjudicated.

Mainthing to be noted here is that final regulation of ac21 law is not fully come yet. there were lot of gray areas which are unanswered like 7th year extension for spouse.
 
Thanks for ur replay..Final Question

As we already applied for my H1B and not my wife's H4, it there going to be any legal problem.?. Please advice.

You guys are saying that it may be useful if I-485 get rejected. But as per my knowledge, if I-485 get rejected, any 7th year H1B will also get rejected. So can u please give few more details why it is safe having H1B/H4 till I-485 decision is made by BCIS.
 
----“ saigc” is correct
The reason y we didn't apply for my wife's H4 is, if during H4 processing, she gets a Job, she cannot take the job as once the H4 is filed, we consider her as on H4 and need to pull off the application from INS.
----- if you apply her H4 status and she has EAD she can work on EAD, no problems if you apply for her H4 status pending or approved
What do you think?. Her H4 expries on Nov 15th of this year.
----- I would apply her H4 extension before her I-94 expires or the extension of her H4 status should reach BCIS before November 15, fill up the form I-539, attach copy of her I-94(both the sides) sent copy of your H1 approval and copy of your I-94( front and back) pay the BCIS fees $140 and ask for the extension of her H4 status till the date you have H1 validity attach your 2-3 recent pay stubs copy and write in cover letter the documents attached and check for BCIS at top.
The benefits:
She can also get her H4 visa revalidation stamp from DOS in US9 takes (10-12 weeks)
She will have H4 visa stamp in passport and even if she uses EAD then exits US then she can enter on H4 and will get I-94 with H4 status or she can use AP if she wishes. If you the primary applicant use EAD then she will be no more on H4 status and have to use AP. H4 extension has its own benefits
 
NOPE. Per my consultation with one of the prominent immigration lawyer, 7th or 8th or Nth year extension will still be valid even if i485 is rejected.
 
“saigc” is correct

If I-485 gets denied and you have valid H1B that H1B or H4 will NOT be denied. I-485 and H1B are different petitions. It does not matter if it is 7th year h1 or 9th year H1 if you have valid H1 it has nothing to do with I-485 denial
 
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