My H1B extension was approved, but my wife’s H-4 extension is still pending. We are getting ready to file our I-485 applications. Does she have to wait for her H-4 extension to be approved before applying?


The general requirement is that a foreign national must be in valid status at the time an I-485 application is filed. If an H-4 dependent timely applies for an extension of status, once the I-94 expires, she remains in a period of authorized stay while the I-539 is pending. This, however, is technically not valid “status.”

That being said, if the I-485 is filed during this period of authorized stay and the I-539 application eventually is approved, this typically does not create any issues with the I-485. But, if the I-539 is denied, this could jeopardize the pending I-485. (10.Nov.2022)

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.



Copyright © 2022, MURTHY LAW FIRM. All Rights Reserved

Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.