Immigration Issues/EAD

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Question
Hello,

I recently filed my AOS/485 application in which I included my spouse.  We have our I-797C notices and just two weeks back we had our fingerprints taken too. My spouse has her own H1B and the petition is valid until Oct 2008. However, her I-94 expires in Jan 2008 because thatís how long her visa stamping is valid in her passport.  My H1B and I-94 are valid until March 2009. So we are wondering:

-Whether she (or her employer) can file her EAD separately based on the 797C notice or do we both have to file EADís together?
-Is it possible to extend her I-94 based on the H1B petition validity?
-What about H4, would you recommend this?

Your suggestions would be greatly appreciated.

Sincerely,

Mohan


Answer
Mohan:
She can file independently for her EAD based on the pending I-485.

They should have given her I-94 not based on her visa but based on her H-1B approval notice. To extend her I-94 she would need to leave the country and reenter or she can go to the Customs office and request for her I-94 to be extendedd until Oct. 2008 but I am not sure that they will do it. She can also request her employer to file for her H-1B  before the expiry of the I-94.

To go on H-4 or not would depend on whether she wishes to continue her employment. You cannot continue being on H visa and work on EAD.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com  

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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