got a RFE, help needed!

B

bigbluesky

New Member
hello all,

My lawyer got a RFE for my wife's 485 application about her current legal status. I'm not sure if this will be an issue or not. We filed our 485 and EAD back in May 2001, but since the EAD took a very long time back then. my wife was afraid she may not get her EAD approved before her OPT expired, so she applied H-1 using her company's lawyer. Then we got our EAD approved so she abandoned her H-1 application right away. however, one day she checked her H-1 application status online and found that case was approved a few months after we got our EAD. But she never got the approval notice. We're not sure if this is an issue or not, please advise!

Thanks a lot, any suggestions/comments would be greatly appreciated!

bigbluesky

RD may 2001
ND Aug 2001
FP Mar 2003
 
I believe your wife is okay. It doesn't seem to me from your post that she has failed to maintain her legal status in the US. So there should not be any problems. Take it easy and let your lawyer handle it. You will be there in a few days.

sg_rg2
 
I do not think you will have any problem here. I have a friend who applied I140 and I485 past summer and went back home for a visit for Christmas. before leaving she asked around the conclusion she got from the international office of her employer, different lawyers and INS is that she can apply H1 back and will not affect her GC application. She did not have any problem to get the H1 and will be back next weekend. According to her resource, this will not affect her GC process.
Hope this will help. And please inform us any of your progress.
 
You must log in or register to reply here.
Top