Can spouse apply for H4 extension within US under parole status?

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Sajha mitra haru
I have I-140 and I-485 pending. Spouse entered US under parole status valid till December 2018, H4 visa has expired a month ago can spouse apply for h4 extention after approval of H1B extension?
H1B has also been expired and applied for extension and it is pending too.

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kikaso

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I am not sure what do you mean by parole status. Did she enter as H4 or in some other status? If she entered in different status than H4 and her status is still legal, then yes, you can apply for her extension as soon as yours gets approved. As a matter of fact, you could have applied her extension when you sent for yours.

hital

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@kikaso,
Both of us have EAD/AP- Advance parole on the basis of a pending application for adjustment of status(I-140/I-485) So while entering US used AP(travel document) and the I-94 has been stamped as parolee which is valid till december. So wanted to know if she can still apply for H4 extension based on h1 or will have to leave the country and apply from abroad? Or just apply for parolee extension?
Any suggestion would be appreciated.

kikaso

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She doesn't have to leave the country. Technically, she can stay in the country legally as long as I485 is pending. It's not a status but considered lawful presence. Yes, she can apply for H4 extension once your gets approved. It might even be possible to apply for her H4 extension right now, so that it would be approved at the same time when yours gets approved. I would consult with lawyers to see if it is possible.

hital

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@kikaso,
Thank you for your response.
Do you have any idea if we need to pay fee for renewing EAD/AP based on I-485. Intial application didn't require fees as we paid for I-485 and (EAD, AP) was in the I-485 package.

kikaso

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I am not sure about the fees for extension. Call USCIS office and see if they can answer it. If not, I would send along with the application. They will cash it, if requires otherwise not.