Worst Case Scenario

D

desi_gcard

New Member
I know its a negative question but thought I should ask. And the reason I'm asking is I'm planning to bring my parents here so they can live a retired life. I'm still maintaining my H1B status, just filed for my 7th year extension. Although I don't see a reason why my I-485 would get denied but just preparing myself in case this happens since no one can predict INS activites. I was just wondering what if my I-485 doesn't get approved, can I still work on the remainder of my 7th yr H1B?

My wife has used her EAD so no more on H4, I understand she would have to leave immediately, can I file for her H4 based on my 7th year approval?
If yes, then does she have to leave the country and get her passport stamped?

Please advice

wac-02-169
1st FP - Dec02
 
desi_gcard said:
I was just wondering what if my I-485 doesn't get approved, can I still work on the remainder of my 7th yr H1B?
Click to expand...
It WILL get approved, but yes, you can.
desi_gcard said:
My wife has used her EAD so no more on H4, I understand she would have to leave immediately, can I file for her H4 based on my 7th year approval?
Click to expand...
Yes. I am in the same situation and my lawyer claims that it can be done.
desi_gcard said:
If yes, then does she have to leave the country and get her passport stamped?
Click to expand...
That would be a situation in which you don't want to be. Denial of your AOS will mean that she needs to leave the country. So the answer to your question is yes. But not because of H4, rather because of AOS denial.
 
I was just wondering what if my I-485 doesn't get approved, can I still work on the remainder of my 7th yr H1B?

Yes, you can - until it expires.


My wife has used her EAD so no more on H4, I understand she would have to leave immediately, can I file for her H4 based on my 7th year approval?
If yes, then does she have to leave the country and get her passport stamped?

There are two ways to handle it. Either by applying for new H1 + H4 extension. Or by re-entering to USA with H4 visa. If your I-485 denied, first option won't work for you. So you have to go for 2nd option.
 
You must log in or register to reply here.
Top