EAD dilema?

B

ball_magnet

Registered Users (C)
My wife's (was in H1 status) employer closed toors in Mar 2003.
We filed for H4 in July 2003. In the mean time I got my labor approved and we (me and my wife) filed for EAD/140/485 in august 2003.

BCIS has sent a RFE on her H4 request, requesting last
date of emplyment with current employer among other
details and gave time till end of November to reply.

We should be eligible for interim EAD in November based
on the 90 day rule. So the question is:

1) Should we continue to persue her H4 even though
she gets her EAD in Nov?
2) Is it possible to reject the EAD/485 for my wife based
on her loosing h1 status(remeber her emplyer closed door)
between April and July?
3) If we ignore the H4 RFE and get the EAD, will there be
any issues with the 485 because of the not persuing the
H4 completly?
4) Does BCIS ask for any proof of paystubs etc for my wife
when we reach 485 approval stage?

thanks in advance,
 
1. Yes reply to RFE, because the 485 was filed after h4 was filed , if you dont respond to h4, that 1 month period might be considered out of status. Since I485 is pending , the current status is not in a jeopardy.

2. No
3. Yes
4. No
 
thx for the quick response.

On your first comment, is she out of status between April and July,
(time her employer closed doors and the date we filed for H4)?
 
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