H4 extension after entering on AP

Printable View

03-23-2015, 07:01 PM
civilengineer

H4 extension after entering on AP

Me and my wife entered the US on Feb 27, 2015 using our AP documents. My H1b and her H4 status were expiring on March 12, 2015, and my employer field my H1b Extension on March 9, 2015. We got my receipt number and want to file my wife's H4 extension as well soon (March 23-24, 2015). Will her application need to be filed as change of status or extension? Does she even need to file for H4? In case my I-485 is rejected for some reason, I understand that the H1b will give me back up status, so can she then go and get an H4 stamp if needed? Will filing a H4 application now as a change of status affect her EAD in any way? Also, since her H4 status expired March 12, 2015, will there be any complications with her H4 extension application? Does it need to be filed requesting a prior date (nunc pro tunc)?
03-24-2015, 10:19 AM
Suva2001

Quote:

Originally Posted by civilengineer

Me and my wife entered the US on Feb 27, 2015 using our AP documents. My H1b and her H4 status were expiring on March 12, 2015, and my employer field my H1b Extension on March 9, 2015. We got my receipt number and want to file my wife's H4 extension as well soon (March 23-24, 2015). Will her application need to be filed as change of status or extension? Does she even need to file for H4? In case my I-485 is rejected for some reason, I understand that the H1b will give me back up status, so can she then go and get an H4 stamp if needed? Will filing a H4 application now as a change of status affect her EAD in any way? Also, since her H4 status expired March 12, 2015, will there be any complications with her H4 extension application? Does it need to be filed requesting a prior date (nunc pro tunc)?

My lawyer renewed my H1 and my wife's H4 in Jan in a similar situation. I had the same question of extension or change of status. My lawyer filed for extension for H4 and it got approved last mointh without any issue.
03-24-2015, 10:29 AM
Pundit Arjun

Quote:

Originally Posted by Suva2001

My lawyer renewed my H1 and my wife's H4 in Jan in a similar situation. I had the same question of extension or change of status. My lawyer filed for extension for H4 and it got approved last mointh without any issue.

civilengineer,

For your Question : "Does she need to file for an H4 ? " :
The response is not necessary. I was in your similar situation and when my H1 came up for renewal, My attorney extended mine and did not file for H4 extension. The attorney informed that if at all my 485 gets denied then they can file for H4 extension, have all of us leave the country for stamping and return back.