I am planning to extended my H-1B and I 485 pending (140 approved). My son is a middle school student and he is on H4 and also 485 pending now. The lawyer said I also need to extend h4 for my son. Is it necessary in this case? Here is that he said:
It's amazing how fast the time goes. Since your hu*****and is using his EAD, we needn't bother extending his H-4 status because he's not currently in it. As for your son, the main reason a person wants to maintain an underlying nonimmigrant status like H-1B or H-4 is in case something would happen with the permanent resident case and it would be denied. If that were to happen, if you don't have an underlying nonimmigrant status, you would need to leave immediately. I doubt that will happen in your case since your I-140 petition is probably already approved, but as your attorney, I just need to tell you about all of the risks.
my question is: even my 485 denied and I have H1b, will he be out of status if no H4 for him?
Thank you