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Immigration Issues/H-4 extension under I485

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Question
Hi,
we are under I-485 pending and work by using EAD.
we have exteded H-1 for 3years and only 1-year H-4.
can we extend H-4 to another two years as smae period of H-1?

thanks.

Answer
Chanthia,
I do not understand your fact pattern as you have explained it.  It does not make sense.  

Generally, if you are using an EAD card to work then you are not under H nor are your derivatives on H-4 status.    You and the H-4's are adjustment pending status.  Thus, you cannot extend your H-1.

If are working on an H and and merely have an EAD card but have not used it because you are on valid H status, you and your derivatives on H-4 can extend to the  point where your H1 is valid.  
Mark Ashley
www.ashleykrishnan.com  

Immigration Issues

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Mark Ashley

Expertise

Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,www.ashleykrishnan.com.

Experience

18 years as a practicing attorney.

Organizations
Member of AILA

Education/Credentials
JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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