filing I-485 with H-4 not renewed

[K_J_Gobbar]

I am H1B holder, my wife and kids are on H-4 visas which expire 08/15/07.
I am expecting the H1B extending late August 07 and roughly the same time my PERM case approved

Can I file I-485 ( combined with I-140 ) , let say , by end of this year,
if my folks' H-4 visa stamping expired
Or they have to go back to my country and renew their H4 visa?

Thank you.

[waitin_toolong]

you should have applied for their extension along with your H1 extension. File I-539 now, or if you file for I-485 before expiry of I-94 then they shift to AOS and will need AP to travel

[K_J_Gobbar]

Thank you for answering.
So , as I understand you, there are still two options:
- go back to my home country and renew their H-4
- file I-539 not leaving the U.S.
Is that correct ?

[waitin_toolong]

file I-539 asap if they dont have travel abroad then why waste all that money. It does not matter if the visa on the passport expires what matters is I-94 expiration date. When they apply for extension they will get a new I-94 with new date, but whenever they travel they will have to get a new stamp.

In fact by spending just $200 for all three of them it will be much cheaper than traveling back home and spending $100 per person for application fee

As for filing for I-485 you can as long as the dates are current

[K_J_Gobbar]

Yes, you're right , I-539 is the best option.
Yet there is one small question there.
If their visas expire 08/15/07 and my current H1B expires 12/1/07,
then during this year I should submit I-539 twice,
- first for the period of 08/15/07 - 12/1/07 ,
- and second (after my new H1B is available), the period since 12/1/07 - till my new H1B expired.
Right?

[waitin_toolong]

Actually if you attach the copy of your extension receipt and request that all applications be considered together you might get away with single extension request.

Next time remember to file all requests together.

It is not the visa date on the passport that matters bt the one on I-94, if they showed the same I-797 as you their date on I-94 might be the same

[K_J_Gobbar]

Thank you very much for your answers. Now everything is pefectly clear. I will follow your advice next time

Yet one thing still troubles me (please don't consider it as a question, you have already spent a lot of your time answering my questibns, I am, rather, thinking aloud) , but :
Why H-4 holder needs to extend his status at all ? Isn't the validity of H1B beneficiary enough ?

There is a TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR)/8 CFR PART 214 -- NONIMMIGRANT CLASSES/Sec. 214.2(h)(7)
( http://149.101.23.2/lpBin/lpext.dll/...sec2142h9iiic2 )
which clearly states :

(iv) Spouse and dependents. The spouse and unmarried minor children of the beneficiary are entitled to H nonimmigrant classification, subject to the same period of admission and limitations as the beneficiary, if they are accompanying or following to join the beneficiary in the United States.

No single word about I-539 and the stuff in this or any other CFR 214-2H articles. Nothing!
Is the law written just fo fun, not to follow it ?

[anonymous_010177]

spouse's visa expired

Hi

My spouse's visa expired about 3 yrs ago and his I-94 has D/S - duration of status. i will be filing for 485 or consular processing pretty soon. which do you think is best? should i first get a H4 for him?