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Spouse PD is current on December 2013 but i just apply to extend my H4 status
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berde
11/27/2013 1:34:06 AM
Total Posts: 5
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Can i get some advice please. Our PD will be current by December and my husband is good to go for 485 but i just apply for h4 extension in the beginning of November so can we wait until i got the approval for my h4? or should my husband apply for I485 without me? our lawyer was telling us i should go back to the Philippines and get the status. please give me some light here please. Thank you
Amazon
11/30/2013 11:41:03 PM
Total Posts: 591
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It is not clear why your lawyer advised going back to Philippines. If you in US legally, you can extend H4 as well as file for I-485 application at the same time. These are different applications and does not depends on each other. You should apply for your I-485 as soon as PD is current. It does not matter if you have already applied for H4 extension.
berde
12/1/2013 2:56:50 PM
Total Posts: 5
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My H4 expired on September 29 and I apply for H4 extension when I get my spouse h1b approval since his employer did not apply for my extension. I submit my 1539 to extend my h4 in October and right now it's in process. I submit a letter of now for then requesting to back date the approval when my husband get his approval.
Amazon
12/2/2013 7:05:39 AM
Total Posts: 591
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I think what the lawyer is saying that since your H4 end date was September 2013 and they did not extend it in time, you may be considered out of status. Hence the lawyer recommend traveling back to US with new H4 visa stamp to establish legal status. Since your lawyer reviewed all your case details, this could be the best option.
berde
12/2/2013 6:57:33 PM
Total Posts: 5
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I checked the processing date of 1539 and it says 2.5 months. i might have the approval of my h4 by the beginning of January that would save us a lot of money so my question is do you think its ok for us to wait? would that affect our application?
Amazon
12/8/2013 1:51:36 AM
Total Posts: 591
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Remember you are currently out of status. If they renew H4 but do not attach I-94, this means that you would have to renter US with new I-94 card. It would be best to talk to your lawyer (or other lawyer), since if you are out of status for more than 180 days, it can result in 3 year ban.


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