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Thread: Confusion about extending H-4 status of spouse working on EAD while I-485 is pending

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    Confusion about extending H-4 status of spouse working on EAD while I-485 is pending

    Hi,

    Has anyone on the forum extended the H-4 status of their spouse while she/he has been working on EAD with a pending I-485?

    I continue to work on H-1 while my wife works using the EAD. My H-1 extension will need to be filed in some time later this year.

    The form I-539 that is used to extend H-4 status asks whether an immigrant petition has been already filed for the person or if the beneficiary is working. It needs a separate note to be attached to the form explaining those items.

    I had asked a question about the I-539 on Ron Gotcher's forum here. His response says that she is not currently on H-4 status and filing a I-539 would cause her to lose the ability to work.

    Pretty confused on what needs to be done. I used to think that H-4 can be extended and she can continue to work on EAD. Any experiences anyone?
    Last edited by NeelVohra; 06-07-2015 at 07:14 PM.
    TSC | PD: 12-17-2009 | RD: 2-1-2012 | ND: 3-2-2012 | FP Notice: 2-14-2012| FP Done: 3-12-2012 EAD/AP(Online): 3-3-2012 | EAD/AP(Physical Card): 3-21-2012 | RFE: Aug 2015, Apr 2021 |
    GC(Approval Email): - 05/28/2021 | GC(Physical Card): -

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