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  #1 (permalink)  
Old 09-26-2007, 11:56 AM
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Default H4 extension on EAD

Assuming a person is on H4 and EAD is approved now. Does he/she have to apply for H4 extension before it expires?
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  #2 (permalink)  
Old 09-26-2007, 12:17 PM
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Quote:
Originally Posted by iv_newbie_2007 View Post
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
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  #3 (permalink)  
Old 09-26-2007, 12:36 PM
dpp dpp is offline
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Quote:
Originally Posted by HelloWorld2007 View Post
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.
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  #4 (permalink)  
Old 09-26-2007, 12:58 PM
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senk1s is a jewel in the rough senk1s is a jewel in the rough senk1s is a jewel in the rough senk1s is a jewel in the rough
Default if 485 is rejected

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?
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Disclaimer: NOT Legal Advice


Jan 2005 - EB3-PD
140/485/EAD/AP - Applied concurrently (Nebraska)

Aug 16, 2007 - RD, Oct 3, 2007 - ND (all case #s are LIN-08-00)
FP date Nov 6 (done)
i765 self and spouse - approved Nov 23
i131 self and spouse - lud Oct 9, Jan 30, Jan 31- doc mailed email Feb 4

i140 - lud Oct 4, Dec 18
i485 self and spouse - lud Oct 9, Nov 7, Dec 18
i765 self and spouse renewal e-file ND/RD -Jul 28 FP Aug 16 Cards recd Aug 28

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  #5 (permalink)  
Old 09-26-2007, 01:20 PM
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Quote:
Originally Posted by senk1s View Post
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
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  #6 (permalink)  
Old 09-26-2007, 01:25 PM
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Default HelloWorld2007

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.

Quote:
Originally Posted by HelloWorld2007 View Post
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
__________________
Labor Cert Priority Date: February 2005
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Category: EB3 (Philippines)
I-485/I-765/I-131: Received by R. Williams on July 6 @ 9:18 am
I-485/I-765/I-131: Receipt Notice on Sept. 12, 2007
EAD Status: Approved on 09/21/07
Primary Applicant: EAD card received on 09/25/07
Spouse (me): EAD card received on 09/28/07
AP Status for Primary and Spouse: Approved on 10/22/07
Fingerprinting Schedule: 10/12/07 - Done
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  #7 (permalink)  
Old 09-26-2007, 05:04 PM
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Quote:
Originally Posted by cheg View Post
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..
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