H-4 3rd Renewal - AOS Pending; I-539 Question #3


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My company filed my 4th H-1B renewal and I am applying for my wife's extension separately. Our AOS is pending.


In Form I-539, questions 3(a), (b) and © are relevant to immigrant visa, immigrant petition and if I-485 has been filed respectively. I seek the experts' opinion to confirm H-4 can have immigrant intent and if I can answer "Yes".


My wife is currently employed and working using her EAD. I am still on H-1B, so the need to file for extension. Question 3(g) asks if the applicant has "been employed in the United States since last admitted or granted an extension or change of status". Please advise if I may answer "Yes" and include the EAD as USCIS's authorization.


Thanks in advance for your time. 

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