H1 Transferd .H4 not yet - 485 DENIED.Help

[niceone]

Hello,
I am in 8th year H1B.I have transfered MY H1-B from Employer A to B and recently joined company B. (H1B approved and valid until end of 2010).We also filed 485 @July2007 and got EAD & AP.But we never used it. Unfortunately since I have changed my job and my old employer canceled my 140 so USCIS directly revoked my 485 application also. Right now I am working on filing MTR with attorney.

I haven’t transfer my wife H4 to the new employer yet.I know I have to do it ASAP.She has valid H4 and 194 & visa stamp valid until end of 2010 from my old employer “”A”’.Could someone please tell me is my wife is out of status? I am just thinking of wait for a while until the MTR go through and results..

Thanks
KPR

 

[ginnu]

Hello,
I am in 8th year H1B.
I have transfered MY H1-B from Employer A to B and recently joined company B. (H1B approved and valid until end of 2010).
We also filed 485 @July2007 and got EAD & AP.But we never used it.

Unfortunately since I have changed my job and my old employer canceled my 140 so USCIS directly revoked my 485 application also. Right now I am working on filing MTR with attorney.
-------------------if I-140 was approved and I-485 was pending more than 180 days then you were eligible for AC21. I thibk you did not file AC21 with USCIS and they denied I-485. At this time USCIS is denying I-485 if previous employer revoked I-140 and the person did not invoke AC21 by sending new employer permanent job offer letter with same/similar job duties.

I haven’t transfer my wife H4 to the new employer yet.
---------------Her H4 is not transferred to new employer. Her H4 is based on your H1 status and tied to your status. If she has Valid Visa stamp(it does not matter if it is through A or B) and Valid I-94 till end of 2010 She dont need to file for H4.
I know I have to do it ASAP.

She has valid H4 and 194 & visa stamp valid until end of 2010 from my old employer “”A”’.Could someone please tell me is my wife is out of status?
-------------No, She is NOT out of status as she has her I-94 valid till 2010.
I am just thinking of wait for a while until the MTR go through and results..

Thanks
KPR

--------------------

 

[niceone]

Thanks Ginnu.