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  #1 (permalink)  
Old 08-25-2009, 05:59 PM
Member
Priority Date
:
Dec-05
Category
:
EB3
I140 Mailed Date
:
06/06/2006
Chargeability
:
India
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I485 Mailed Date
:
06/30/2007
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Default Wife is on 485 Status and I-94 expired

I am on h1b Visa status and my wife was on h4 Visa

After filing 485 she start using EAD and now her I-94 (H4 stamp) is expiring in odtober.

She has Valid EAd till Sept 2011 and no advance payroll

Do we need to renew I-94, if yes what is the process ??
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  #2 (permalink)  
Old 08-25-2009, 08:06 PM
Senior Member
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03/03/2007
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roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute
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Quote:
Originally Posted by vikasgarg24 View Post
I am on h1b Visa status and my wife was on h4 Visa

After filing 485 she start using EAD and now her I-94 (H4 stamp) is expiring in odtober.

She has Valid EAd till Sept 2011 and no advance payroll

Do we need to renew I-94, if yes what is the process ??
The day she started working on EAD, she lost her H4 status and she is on pending AOS or Parolee status. There is no need to file a H4 extension of stay application for her as long her I-485 is pending. If for some reason her I-485 is denied, then you need to file a H4 petition so she can get back on H4 status. Also, its important to understand that her current status is governed by her pending I-485 and not a valid EAD. In other words, for some reason her I-485 is denied and her EAD is still valid, it doesn't mean she can continue to work. She can only work on EAD as long as her I-485 is pending.

Last edited by roseball; 08-25-2009 at 08:09 PM.
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  #3 (permalink)  
Old 08-31-2009, 04:41 PM
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:
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Default Wife I-94 Expired and 485 status

I am adding again to get a reply from attorney,

Quote:
Originally Posted by vikasgarg24
I am on h1b Visa status and my wife was on h4 Visa

After filing 485 she start using EAD and now her I-94 (H4 stamp) is expiring in odtober.

She has Valid EAd till Sept 2011 and no advance payroll

Do we need to renew I-94, if yes what is the process ??
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  #4 (permalink)  
Old 08-31-2009, 08:28 PM
US Immigration Attorney
Law Office of Elaine Martin
6333 E. Mockingbird Ln Ste 147-910
Dallas, Texas-75214
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Default

Roseball's answer is mostly correct. Your wife would need to get a H-4 visa at a consulate and return in H-4 status to revert to H-4. She could not file a change of status from Adjustment pending to H-4.

Also - sometimes CIS does not automatically cancel the EAD and Advance Parole once a 485 is denied, but they almost always do.
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This message does not create an attorney-client relationship if we have not both signed an engagement letter. This message discusses general legal questions and other matters. It should not be used or relied on by anyone as legal advice.
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  #5 (permalink)  
Old 09-01-2009, 05:07 PM
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Default Reply to Redgree

Dear member Redgreen

I know my question was foolish. Why I am asking because there was some reason behind this

Let me explain you one thing first atleast I know more then you in regard to law and immigration matters.

Before commenting anything on anyone just make sure you also understand the question and then explain the things.

In my earlier post also someone called saxena (member name) also comment same thing and later when attorney replied he was silent.

So lesson is if you dont know the reason and seriousness nehind the question then dont comment anyone else.

I know the attorney anser the question is well qualified and know all the rules and laws. Only the thing is in present question either my question was not clear or attorney look other member reply and answer in wrong direction
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  #6 (permalink)  
Old 09-01-2009, 09:02 PM
US Immigration Attorney
Law Office of Elaine Martin
6333 E. Mockingbird Ln Ste 147-910
Dallas, Texas-75214
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Quote:
Originally Posted by vikasgarg24 View Post
I know my question was foolish.
No it wasn't. There are almost no stupid questions in the complex world of immigration law.

Quote:
I know the attorney anser the question is well qualified and know all the rules and laws. Only the thing is in present question either my question was not clear or attorney look other member reply and answer in wrong direction
I don't know what I didn't answer, given that I agreed with Roseball with some clarification. Your wife does not need to "renew/extend' her I-94. The I-94 expiration presumably refers to her H-4, which she lost once she started working. Therefore, there is no status to extend. Your wife can stay in the US with a 485 pending, she doesn't need the H-4 for that.
__________________
Elaine Martin
Law Office of Elaine Martin
Phone: (214) 329-4148
Toll-free phone: 1-866-318-8813
emartin@martinvisalaw.com
www.martinvisalaw.com
www.martinvisalaw.blogspot.com
Dedicated exclusively to immigration law since 1997

This message does not create an attorney-client relationship if we have not both signed an engagement letter. This message discusses general legal questions and other matters. It should not be used or relied on by anyone as legal advice.
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