7 th year extension for H4

[Hadasa]

I485 Denied/7 th year extension not filed for H4

Can some one tell me whether it is necessary to file 7th year H4 extension when I-485 is pending for dependant? 7th year extension was filed for primary as the primay had not received EAD by the expiry of 6 year period.

If not filed 7th year extension for H4 while I-485 is in pending, do they become out of status after 6 year period?

thanks in advance.

I-140 and I-485 were cancelled and new I-140 (approved) and I-485 were filed. CIS says that the dependants were out of status since the expiry of 6 year period. I beleive they denied as 7th year extensions were not filed for dependants.

Please let me know your thoughts to overcome the problem

 

[JSP]

no

as long as 485 is pending adjudication, she is considered in valid status, provided she needs AP for travel purpose.

 

[Hadasa]

Need urgent help. Has any gone through this situation? Please let me know your suggestions.

7th year extension was not applied for dependants. Their I485 was denied as they are out of status since last extension. We cannot use 245(i) and 245(k) as they are out of status for more than a year and they were not physically present here on a day which allows using 245(k). We first received ‘intent to deny’ letters. My company applied for 7th year extension via ‘nun proc’, which is still pending. But we did receive denial communications last week. It tells that there are no provisions in INS that we can appeal on this.

Please help me to overcome this. Does any know what CIS next step is? Do we get letter to leave the country? I am not sure what we have to do now. Do we have to leave the country voluntarily? My company attorney and every other immigration attorney are at an American Immigration Lawyers Association Conference until Sunday.