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likeaflower

h4 extension with 485 pending

By likeaflower in Work Visas

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likeaflower Newbie

likeaflower   0

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My husband's H1 and my H4 will expire in 3 weeks. His employer filed h1 extension in Apr and is planning on filing Premium Processing in two days for him (non cap). I didn't file my h4 extension with him back then, but would like to file my h4 extension now with his PP.

His employer's office said if I file now together with his PP, I will hear back together with his h1 extension in maximum 15 days. But the attorney I consulted said even if I file now, since I didn't file it with him in Apr, my application will be treated as a separate application, and the result won't be back for 6 months.

I also looked up the info regarding where to file. His PP should go to California. If my application is considered a separate application, mine should go to Texas.

Can I file now with his PP and send my application to California? Or I have to file separately?

Our 485 is pending and we have combo cards. Another choice would be I go on AOS after my current h4 expires. Once my husband h1b is here, I can go to the border to switch from AOS to h4 (I'm Canadian citizen). My husband's new 797 will have i94 at the bottom. If he doesn't leave the country to get a visa stamp, can I still go to the border to re-enter as H4 after my current h4 expires?

Thanks!

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randomstairs Community Regular

randomstairs   303

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Filed: Citizen (apr) Timeline
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Yeah, you can re-enter on H4 if your visa is approved and you do the stamping. He doesn't have to travel with you. I'm less sure about filing in PP for H4 now, after he filed for H1. Wait for his approval and then file - I think. You can work on a valid EAD (with some risk for H4). If his H1 or your H4 is denied, consider a quick preemptive departure on AP in case your I-485 is also denied (due to the new memo). 

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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