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  #1  
Old 05-05-2009, 04:44 PM
Member
Priority Date
:
Dec-02
Category
:
EB3
I140 Mailed Date
:
10/13/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/01/2007
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Join Date: Sep 2008
Posts: 23
AK_GC has a spectacular aura about AK_GC has a spectacular aura about
Default H4 Visa Question in relation I-485 pending.

My husband's I-485 is still pending and we have valid Advance Parole and EAD. His H1 Visa is also still valid. My H1 Visa expired. Do I need to apply for H4 Visa?

Thanks!
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  #2  
Old 05-07-2009, 12:40 PM
Senior Member
Priority Date
:
Oct-03
Category
:
EB3
I140 Mailed Date
:
04/16/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/06/2004
Compare
Join Date: Jun 2007
Posts: 433
krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future
Default Have you applied for AOS?

Quote:
Originally Posted by AK_GC View Post
My husband's I-485 is still pending and we have valid Advance Parole and EAD. His H1 Visa is also still valid. My H1 Visa expired. Do I need to apply for H4 Visa?

Thanks!
If you applied for 485 then you are safe as you are in Adjustment of status and as such you do not need to do anything. You can apply for EAD and AP and once you receive the EAD you can start working too.

If you did not apply for AOS and your visa is expired then you are out of status as there nothing like automatic transition to H4.
- cheers
kris
__________________
Disclaimer: Not a legal advise
---------------------------------
1996 for 1st MS
PD EB2 Jan 2001, 9/11 ,(BEC ,pink slip)
H1 new empl - Dec 02
EB3 RIR, INDIA(Empl mess up)
PD: Sep 2003 , 2nd MS - SE
140 Approval: March 2004
3EADs , 4FPs
3APs, 485 approval -- 07/30/2007
GC in Hand - 08/07/2007

First in flower campaign
Calls to Congressmen,Senators
Letter for administrative fixes
Periodic donations to IV
Still with IV.
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  #3  
Old 05-08-2009, 01:49 AM
Member
Priority Date
:
Dec-02
Category
:
EB3
I140 Mailed Date
:
10/13/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/01/2007
Compare
Join Date: Sep 2008
Posts: 23
AK_GC has a spectacular aura about AK_GC has a spectacular aura about
Default Thank you

My lawyer mentioned the same.
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