AC21/March RFE approved and also URGENT HELP NEEDED

versova

Registered Users (C)
Both my and my wife cases were approved on 05/20. But my daughter\'s cases is still pending. I need the urgent help/suggestion from you before I consul an attorney.

First Detail:

PD: 09/99
RD: 02/01
ND: 02/01
FD: 03/01 ( I thought it was so quick could get done in a half year. Wrong)

1st RFE: 02/04/2002/(me: Employment info. starting/location/employment verification letter, etc; wife: Marriage certification, etc; Daughter: parents\' marriage Certification, etc)
1st RFE rec. by AVM: 02/12/2002 (In response. I declared to use AC21
due to job change from laid off after 200 days and meanwhile my former attorney sent a letter to INS to withdraw the representation on behalf of our 485 cases)

2nd RFE: 02/27/2002 only received my and my daughter\'s RFEs(me: Employment offer letter in right format, such as job duty, requirement, etc. from right authorities/all work permission for clear version/etc: wife: no but AVM said there is one; daughter: explain why she is still in F-2 visa status)
2nd RFE rec. by AVM: 03/13/02 (I was rushing without any consul any attorney. So my explanation may confuse adjuster) In response I asked to resent wife\'s RFE. called IIO to ask too on 03/12, sent some evidences for wife\'s case based on her 1st RFE and my/my daughter\'s RFE and mentioned that will continue to contact INS for her RFE on 03/17, received wife\'s RFE on 03/26/ It was same as her 1st RFE, DAMMMMM!. I ignored until 04/02 and called IIO and asked if we needed to response wife\'s RFE, IIO said No if we responded 1st and cases have been with officer. received RFE forward from my former attorney again on 04/19. Resubmited evidences for wife\'s RFE and complain ( my former co-worker use AC21 and got approval in 14 days after RFE in march. He re-hired an attorney and notified INS in 09/01 about job change.)Wrote to Terry Way on 05/13. called IIO in the morning on 05/20/ and got my/my wife\'s cases approval on same day ( checked AVM yesterday).
BUT PAIN IS NOT OVER. MY DAUGHTER\'S CASE IS STILL PENDING. SO I NEED URGENT HELP/SUGGESTION FROM YOU.

My daughter initially was F-2 from me until I switched to H-1 in 04/99 but at that time her mom is already F-1 (switched to F-1 in 98)
so we didn\'t switch her visa and notify INS. My wife\'s company file H-1 for her in 01/2002 (we files 485s in 02/2002) and got approval in 04/2002. we didn\'t switch her visa status. my question is: Was she ever out of status? Was she in status? In my response. we said we didn\'t know her status for this special period, couldn\'t give the name at that time due to rushing for response, and would like to accept any solution including fine if her status is not valid. Any suggestion are greatly appreciated!!!
 
First of all, did you file your 485 without marriage certificate? or it is your

attorney\'s mistake?

Did you include your daughter in you I129 application for H1 to get H4?
I think you needed to do that to keep her into a valid
H1 dependent status (which is H4). i.e. switch from
F2 to H4.

If she was born in the US then you are fine. Don\'t need to anything
just send her BC.
 
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