Denied I140/I485 on H4 status

[NSC-NIW05]

This is posted for my friend who just got an denied EB1 OR with I-485 from NSC.
Please share your experience. Many thanks.

"I have a question in regarding my son's H4 status after my I-140 and our I-485 were denied. My son used his EAD and worked for one month during the summer (before we got the denial). I understand his EAD is invalid and he cannot work any more. But does he need to reapply H4? His H4 (before the EAD) and my H1B are both until 12-31-2005. Thanks for your help"

 

[Joo77]

This is a grey area in the immigration law. My experience is you need not worry about that. Just renew your son's H4 when you renew your H1b. As I said, this is an argurable issue. You probably get different answers from different lawyers. However, that was my experience.

 

[lyl007]

Questions for renew H4 after used EAD

Hi Joo77,
After my freind posted my question, I was also registered in the Forums. Thanks for your help. I feel much released after read your message.
Now, I need renew both my H1b and my son's H4. I have the following questions:
1. When I filled I-539 form for my son before, the A# and SSN# were N/A. Now he has SSN#, but his A# is invalid after the I-485 denied, correct?
2. For his current status, how should I fill in (H4 or invalid EAD)? Do I need attach a letter to explain the situation (such as my son used his EAD and worked for one month before we got the I-485 denial)?
I am very confused and do not know how to deal with this.
Please give me suggestions. Thank you!

 

[eb1doc]

Sorry to hear about the denial.
this issue is discussed multiple times in this forum.
The good thing in your case was that you didn't use EAD.
Indeed your son's EAD is invalid now.
two things can be done now.
1. An appeal against the case allows to use EAD till decision comes.
2. fresh H4 application for your son as the moment he used EAD... his H4 was invalid then.
Best things will be to talk to lawyer!!!
All the best!