Immigration Voice

ds37 · #1 (**permalink**) 07-10-2009, 10:11 AM

Hi all
I am trying to post this message since last night. but can not creat new thread. So here is my question. I am EB3 India applicant currently working on H1-B. (I have EAD but no AP)
My wife is currently on H4 (My H1 is valid till jan2 2010) her I 94 is expiring on july 27 due to her passport expiry. We got new pasport. Now she has started to work using her EAD.
Questions are.

DOes she need to get new I94 before july 27 based on hr H4(valid till jan 2 2010)
or she can be on AOS without going anywhere (what am I suppose to do with her I 94 card which will expire in july 27 2009keep it and deposite whenever I leave countryor I need to sendit some where.)

Thanks

DS

ds37 · #2 (**permalink**) 07-10-2009, 11:40 AM

bump~~~~~~~~~~~~~~~~

any body please!!!!!!!!!!!!!!

roseball · #3 (**permalink**) 07-10-2009, 11:52 AM

Quote:

Originally Posted by ds37

Hi all
I am trying to post this message since last night. but can not creat new thread. So here is my question. I am EB3 India applicant currently working on H1-B. (I have EAD but no AP)
My wife is currently on H4 (My H1 is valid till jan2 2010) her I 94 is expiring on july 27 due to her passport expiry. We got new pasport. Now she has started to work using her EAD.
Questions are.

DOes she need to get new I94 before july 27 based on hr H4(valid till jan 2 2010)
or she can be on AOS without going anywhere (what am I suppose to do with her I 94 card which will expire in july 27 2009keep it and deposite whenever I leave countryor I need to sendit some where.)

Thanks

DS

Since she already started working using her EAD, she is no longer in H4 status. She can continue to stay and work in US as long as her I-485 is pending and she has a valid EAD. She will have to use her AP to travel or she can return on H4 after getting it stamped (provided you still maintain ur H1 status)

ds37 · #4 (**permalink**) 07-10-2009, 11:54 AM

Quote:

Originally Posted by roseball

Since she already started working using her EAD, she is no longer in H4 status. She can continue to stay and work in US as long as her I-485 is pending and she has a valid EAD. She will have to use her AP to travel or she can return on H4 after getting it stamped (provided you still maintain ur H1 status)

THanks Roseball. one more thing what about the I 94 she currently has. after july 27 she will have expired I 94 is that OK ???

Thanks A lot for replying.

DS

roseball · #5 (**permalink**) 07-10-2009, 11:58 AM

Quote:

Originally Posted by ds37

THanks Roseball. one more thing what about the I 94 she currently has. after july 27 she will have expired I 94 is that OK ???

Thanks A lot for replying.

DS

Yes, thats fine. She can continue to stay in the US as long as her I-485 is pending.

ds37 · #6 (**permalink**) 07-10-2009, 12:01 PM

Quote:

Originally Posted by roseball

Yes, thats fine. She can continue to stay in the US as long as her I-485 is pending.

THankyou very much.

Have a nice day.

DS

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