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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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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.
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Labor Cert Priority Date: February 2005 I-140 Approved: February 2007 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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