Immigration Law

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I have a question regarding visa. H-4 AND H4 EAD applied…

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I have a question regarding visa

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

H-4 AND H4 EAD applied concurrently on 11/21/2017 haven't received anything from USCIS yet. My wife's H1b needs to be renewed this month can I apply for H4 and EAD while my previous application is still pending?

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Submitted: 1 month ago.Category: Immigration Law
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Answered in 2 hours by:
3/11/2018
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 1 month ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,515
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified

Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

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Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 1 month ago

Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

Has your status expired that you held prior to 11/21/2017?

Judith

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Customer reply replied 1 month ago
my H1-B was valid only till Jan-2018 I applied for change of status through My wife's approved I-140 to H4 and EAD applied concurrently on 11/21/2017
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 1 month ago

Since your I-94 has expired you cannot apply for an extension until your original extension has been approved. You should have done this before Jan 2018. Now your current pending extension can only be given until Jan 2018.

If you had filed an extension with your wife's while you were still in status it could have been extended with hers.

Now you will need to depart the US and enter on the H4 as soon as your wife's status is extended. I would suggest she does premium processing as your status will have expired.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

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Judith Ludwic
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,515
29,515 Satisfied Customers
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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