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How to change status of H4 to EAD(based on pending i485)?

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SriUsa

New member
Hi, My wife's H4 extension has been denied. But she has got her EAD valid till May 2019. We need to change her status from H4 to EAD now. Can I use I-539 to change the status?. Do I need any attorney in order to file I-539. Also her i-94 has expired in June 2018 itself. So what should be the effective date in I-539?

Note: EAD was received based on a pending I-485 on EB1C category.
 


As her I-94 has expired I'm guessing that's why the H-4 extension was denied because she is now considered 'Out of status'.
Anyone who enters the US on a temporary basis is given the I-94 and the expiration date on the I-94 is how long you are allowed to remain in the US. Doesn't matter what other visas or paperwork you have, that's the important one.
Get an immigration attorney because overstaying the I-94 can lead to your wife being barred from re-entering the US after she leaves.
 

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