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Posted on 08 Jun 2009
Q.

Pending I-485 (principle & Spouse) & extension of H4 Status

Mr.Michailov,
I am currently on a pending I485 status, with my 6 Yr H1B expiring 11/29/09. I have never used EAD as I work for the 485 sponsor employer.My wife has used EAD & AP (for travel) in past (currently not working but will begin new work with EAD on 7/1/09) has a H4 stamp on her P.P.
My employer is extending my H1B from 11/29/09 for 3 year period. Is it necessary for me to have my wife's H4 status also extended as she has previously used EAD to work and will use it again in July to begin employment with new employer?
My understanding was that the moment you use EAD(for spouse on a dependent I485 petition) you lose your H4 status. I do understand that if my I485 is denied I will be okay on the valid H1B but my wife will be out of status at that point.
Thanks
Naresh

User's Location: Rochester, New York, United States of America
Category: Employment-based Green Card
Posted on 09 Jun 2009
A.
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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