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Can We Extend H-4 Status After Working On Ead With A Pending I-485.

Discussion in 'Nonimmigrant Visa Validity' started by NeelV, Jun 4, 2015.

  1. NeelV

    NeelV Junior Member

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    Hi,

    Before posting a question, I tried searching for a similar scenario, but could not find a match.

    Background:
    Our I-485 is pending (I-485 applied Feb 2012. EB2-I. PD Dec 2009. ).
    However, I have continued to maintain H-1 status. I had transferred my H-1 to another employer 1 year after filing I-485 and also filed an AC-21 letter.

    My spouse had started working on the EAD after my H-1 got transferred.

    When I renew my H-1, can we file a I-539 for her to extend her H-4 status?

    Specifically, I-539 asks on questions 3.a, 3.b, 3.c whether an immigrant petition has been filed, or whether a I-485 has been filed. 3.g asks whether you are working.

    We will have to answer Yes to these questions.

    Note that we have not traveled outside the US and re-entered on parole status.

    Question:
    Does this result in denial of the I-539 application for extending the H-4 status?

    Thanks.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If she no longer wishes to work and she has not traveled using advance parole, yes she can. I can't imagine why she would want to, but she can if she wishes.
     
  3. NeelV

    NeelV Junior Member

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    Thanks for the response Ron.

    I'm am surprised that she would lose her ability to work when if extend her H-4 status. We certainly would not want to lose that benefit.

    As she is utilizing the EAD, is she not in H-4 status now? And would need to use the Advanced Parole for travel independent of my H-1B status?

    I was under the impression that her H-4 status continues as-is and she has the ability to work as long as the EAD is not expired.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If she is using an EAD that she got through AOS before May 26th, she is not in H4 status.
     
  5. NeelV

    NeelV Junior Member

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    Got it. Thanks,
     

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