h4 for my wife

Eshwar Mandava

New Member
My wife came here on F1 and she graduated in june 2003. We applied OPT and she got approved and it is valid till Aug 2004. In mean time i applied for I 140/485 concurrently and she got EAD and AP. She travelled back to india and came with AP. Her I-94 stamped with AOS till March 2005.

Everything changed now and my I 140 and I 485 is denied that means all her EAD and AP is denied. What is going to happen. Should i apply H4(in USA) for her to be in status. But her OPT is still valid to AUG 2004.

Please give s some suggestion as soon as possible.
 
Very sorry to hear about your denial.

First, you should consult a very good immigration attorney to seek professional and correct advice.

In my STRICT personal opinion,I think she is out of status but legally present in the US.She should leave US before Aug 04 or as soon as possible, apply for H4 abroad, and then come back on her new H4.

Even if you were able to file for her H4 in the US,it might take 6-8 months or more for its approval.And if they deny, then anyway, she would have to go abroad.

So why not go now itself and come back again with a new H4 within 1 month?

Again, this is a very critical situation for you, hence,you should seek professional advice from a qualified attorney.

(You may wait a day or two and see if anyone else here comes up with a different opinion).
 
F1 is abandoned and so is OPT

Sorry about the denial.

When you applied your 140/485 and included her name, she has effectively abandoned her f1 status so her OPT is no longer valid. If she is holding a valid H4 ( which I don't think is the case since she was on F1), then she is in status otherswise she is out od status since the day yout 140/485 was denied. She should go to her home country and get a H4 stamped based on your valid H1 ( if you are maintaining one).

If your H1 also is not valid i.e you started working on EAD or H1 status is expired then you both have been out of status since the day the 140 was denied.

Best would be consult a Lawyer and discuss in detail the recourse from here and do so soon before the 3 year bar kicks in.

Btw. why was 140 denied and did'nt you file MOTR or appeal ?
 
I 140

My 140 denied because my labor certification had 4 years of experience, but I had only 3 years 9 months service. That is the reason it was denied. I am applying MTR(Motion to Reopen) next week. May be it will work or not.

I came her on F1, but during my Education, I worked as Graduate assistant(computer information field) for 1 year and 3 months.I am using this for MTR along with w2 forms iam submitting. Is this going work??

Once i file MTR, I am hoping my wife will be in status. What is your suggestion.

Thank you
 
Mandavae said:
My 140 denied because my labor certification had 4 years of experience, but I had only 3 years 9 months service. That is the reason it was denied. I am applying MTR(Motion to Reopen) next week. May be it will work or not.

I came her on F1, but during my Education, I worked as Graduate assistant(computer information field) for 1 year and 3 months.I am using this for MTR along with w2 forms iam submitting. Is this going work??

Once i file MTR, I am hoping my wife will be in status. What is your suggestion.

Thank you
Maybe this response is late ...

The question of whether your 1yr+ experience during graduation would count, depends entirely on the approved labor.

What is the exact wording of the reqd experience ? Is this EB2 or EB3 ?

Assuming the experience mentioned is for a graduate degree holder plus 4 yrs experience, then the experience you got while doing your Graduation will NOT count.

It all depends on the approved LCA - if you post back details, maybe someone else will have more ideas.
 
Attn Mandavae

hi

my wife is aslo on F1 and I applied for her 485. when I saw ur message I am kind of worried.Can you please share what you guys did to keep her on status

Thanks
 
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