Urgent : H4 extension


Recommended Posts

Here is my case -

I am on H1B. My employer has started GC process for me in EB2 category. My I140 is approved and my I-485 has been filed in July 2007. The priority date is Dec 2006.

My wife is on H4. My employer's attorney has filed her I-485 along with my application in July 2007.

We are trying to file for my wife's H4 extension but got stuck at following questions. What should be the answers ?

1. Are you, or any other person included on the application, an applicant for an immigrant visa? YES/NO

2. Has an immigrant petition ever been filed for you or for any other person included in this application? YES/NO

3. Has a Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you orby any other person included in this application? YES/NO

I think the answer should be Yes for all the questions but I read somewhere that the "Yes" answer may cause denial to the H4 extension.

I am sure many people will be in same situation as mine. What did you do? Could you get H4 extension with Yes answer?


Link to comment

The USCIS has clarified several times in the past that it is not appropriate for a pending 485 applicant to extend the H4 status, since there is nothing to extend there.

If someone's 485 is pending, they are in valid status. There is a legacy USCIS rule that says anybody without a valid non-immigrant status can be deported, historically it never happened, and USCIS doesn't take any action against pending 485 applicants who don't have a non-immigrant status.

I found this on one of murthy chat transcripts.

Link to comment


This topic is now archived and is closed to further replies.