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iv_newbie_2007
09-26-2007, 11:56 AM
Assuming a person is on H4 and EAD is approved now. Does he/she have to apply for H4 extension before it expires?
HelloWorld2007
09-26-2007, 12:17 PM
Assuming a person is on H4 and EAD is approved now. Does he/she have to apply for H4 extension before it expires?

Can someone answer to this one.. I am in a similar situation. Also, what if H4 expires, and one has not started using EAD or AP?

thanks
dpp
09-26-2007, 12:36 PM
Can someone answer to this one.. I am in a similar situation. Also, what if H4 expires, and one has not started using EAD or AP?

thanks

You can extend H1 or H4 even though you used EAD or AP. I have so many friends who are using EAD and AP and keep on extending H1 and H4 to be in status if something happens to I-485.
senk1s
09-26-2007, 12:58 PM
if 485 is rejected then H1/H4 cannot be extended (beyond 6 years, 1 yr/ 3yr extension based on pending decision)
Am i correct in assuming that the status is maintained till the current H1/H4 expires?
HelloWorld2007
09-26-2007, 01:20 PM
if 485 is rejected then H1/H4 cannot be extended (beyond 6 years, 1 yr/ 3yr extension based on pending decision)
Am i correct in assuming that the status is maintained till the current H1/H4 expires?

thanks, but what if the primary applicant renews his H1, while dependent doesnt renew her H4? In that case, if 485 gets rejected, dependent can anytime apply for h4 again.. isnt it? pls correct me..

Apart from risk from potential 485 rejection, is it necessary to apply for H4 ext when one has EAD and AP in hand, but has not used either. What will be the status of the person in that case after H4 expires?

thanks again
cheg
09-26-2007, 01:25 PM
As long as primary applicant stays on H1 status and spouse uses EAD and then I-485 is rejected, the spouse can still go back to H4. If you don't renew your H4 and you have applied for I-485 with or without the EAD and AP in hand, you are considered an 'Adjustee' and legal to stay here in the US. This is what I understand so correct me if I'm wrong. :)

thanks, but what if the primary applicant renews his H1, while dependent doesnt renew her H4? In that case, if 485 gets rejected, dependent can anytime apply for h4 again.. isnt it? pls correct me..

Apart from risk from potential 485 rejection, is it necessary to apply for H4 ext when one has EAD and AP in hand, but has not used either. What will be the status of the person in that case after H4 expires?

thanks again
HelloWorld2007
09-26-2007, 05:04 PM
As long as primary applicant stays on H1 status and spouse uses EAD and then I-485 is rejected, the spouse can still go back to H4. If you don't renew your H4 and you have applied for I-485 with or without the EAD and AP in hand, you are considered an 'Adjustee' and legal to stay here in the US. This is what I understand so correct me if I'm wrong. :)

thank you.. this is very helpful..