H4 application denied. pLease help

[insquest2003]

HI All,
Can some one advice what to do.

My wifes H4 was valid till 15-Mar-2003.
In nov 2002, i joined a new company and filed H1 and H4 application. I have receipt notices.
Since there was job problems i had to join a new company in July 2003. We both filed again with portability option.

Nov 2002 h1 and h4 had not come. New company laywer said, its okay to join.
I have notices for both.
Now my H1 got approved, but the H4 got RFE. The lawyer replied back with all answers , but yesterday i got a letter from INS that the I-159 is denied and she needs to leave the country.
The letter says that since she filed in Jul2003, she was out of status after Mar 2003.

Luckily i have my labor approved and now i am preparing I-140 papers as well as I-485 papers. Does this impact the filing. If she has to go out of country can i file for GC

Here is the timeline.
H4/I-94 valid till Mar 2003.
New application filed in Nov 2002. Have receipt notice.
Another one filed in July 2003.


Please advice what to do. My lawyer is talking to some INS persons.
Has my wife need to go back out of country and what about her coming back.

How much time does she have before to leave the country?

 

[jaxen]

Since she was not out of status, She has to appeal this decision. If she goes out of the country she might not be able to come in. File for EAD and AP as soon as possible. Dont delay it. Appeal.

 

[insquest2003]

Thanks Jasen

Thanks Jasen,
Your reply gives me hope.

Also today i found out that the old company had withdrawn H1 and H4 in Nov2003 since i had transferred in Jul2003 to new company.

I am going to get a new laywer who has taken these kind of cases.

What are the chances of the appeal getting approved.

Also since my wife is out of status can i file for adjustment of status for her because that will require valid H4 status.

THanks once again.