Employment based Derivative intitial interview

[sram1969]

I’ve received a notice for I485 initial interview, which is scheduled on Dec 8th. My husband is the primary applicant (Employment based) and I am the dependent/derivative of my husband’s employment based I485. He received his GC about a year ago but we have since then been waiting for my approval. Now I have got my interview notice.

Here are my issues, which I discovered only after trying to prepare for the interview:

1. I came to the US in 1999 on H4. Filed my H1B in August 2000. Unfortunately my father in law passed away in Oct 2000. So my husband and I went to India in Oct and came back in Nov 2000 in H1 and H4 respectively. When I came back I called the company that had filed my H1, for an update. They came back to me in a couple of days and said that somehow my H1 was lost in the mail but it was approved in Oct 2000. They filed for a duplicate and received it in December 2000 after which I started working for them.
Now speaking to a lawyer I hear that since my H1 was approved before I went to India and I came back on H4 (since I had a valid H4 on my passport) my H1 is considered to be invalid. But neither my employer nor I knew that my H1 was approved, as the notice was lost in the mail. So this was not done intentionally. So if I am questioned about this in my interview (working on H4 or out of status) how do I answer? Will this be a reason for denial of my GC?
2. Again totally forgetting about my AOS status, I claimed unemployment benefits for 6 months after I was laid off in 2008 Feb. I honestly had no idea that it would have an effect on my GC. Can you advice me on how to handle this when questioned?

Thanks in advance for your help!

 

[TheRealCanadian]

Now speaking to a lawyer I hear that since my H1 was approved before I went to India and I came back on H4 (since I had a valid H4 on my passport) my H1 is considered to be invalid. But neither my employer nor I knew that my H1 was approved, as the notice was lost in the mail. So this was not done intentionally. So if I am questioned about this in my interview (working on H4 or out of status) how do I answer? Will this be a reason for denial of my GC?

It might be. My suspicion is that your employment was unauthorized since you were not in H1 status, and did not change to it.

It's critical that you ABSOLUTELY tell the truth. In the worst case, your AOS gets denied. You then need to initiate a consular processing case in your home country and in a few months you get your GC, assuming your husband's priority date remains current.

If you try and lie, on the other hand, the examiner will know instantly (why do you think you are being interviewed??) and then deny your case based on making a material misstatement for an immigration benefit, which results in a lifetime, non-waiverable bar on admission.

Again totally forgetting about my AOS status, I claimed unemployment benefits for 6 months after I was laid off in 2008 Feb. I honestly had no idea that it would have an effect on my GC. Can you advice me on how to handle this when questioned?

Tell the truth. There's nothing wrong with claiming UI benefits, if you had an EAD you were eligible for them.

 

[sram1969]

It might be. My suspicion is that your employment was unauthorized since you were not in H1 status, and did not change to it.

Thanks a lot for your reply.

I had my H1 transfered in July 2001. And I worked for company B from 2001 - 2004 on H1. My husband filed his 485 in 2003 and I got my EAd in 2004 and have been working on EAD since then.

Does this help in anyway?

 

[sram1969]

Glad to let you all know that my interview went well yesterday and my GC was approved. The officer was very friendly and only asked general questions to confirm our marriage. He then stamped my passport and said I would receive my card in the next few weeks.

I truely thank everybody in this forum for all the advice and information provided. It's been a blessing to be a part of this group. Thankyou again!

Note: My husband's priority date was Sept 2001.