H4 -> H1 -> H4 - H4 Extension - Jaxen or anyone..please advice!

D

desi123

Registered Users (C)
All,

We submitted H4 extension for my wife recently. Now, INS sent us a RFE, asking about my wifes previous employer address, salary and whether the employment was authorised by INS.

Now question is:
Q1: Initially when she changed from H4->H1, employer never able to provide any project for her(about 4 months she was unpaid). Then she immediately converted back to H4. We are not sure why RFE for H4 extension now?..it looks very strange for us.

Q2:We already got Advance Parole and EAD. So, can I just discard this? If we disreagrd this will this a issue in my future GC approval because this is pending case?

Please advice!. We appreciate your advice!

Thanks,
DESI_123
 
Consult a Lawyer since this seems tricky.

However my opinion:
Q1: INS can ask about any past out of status periods anytime in your life time in US. Even after GC approval.

Q2:I would not advice not-responding. Please consult a lawyer.
 
Thanks, Jaxen..

Thanks a lot for quick response!..Do really think that 4 months without a pay is going to be a problem?..I heard that if it is
 
The issue most probably will be

to determine how to treat the out of status period. I do not think your spouse will be subjected to any ban or denial of GC. With AP and EAD her current status is preserved.
We do not want INS to think that your spouse had intentions to cheat INS ever.
If as the result of the RFE response if INS decides that your spouse has to get a new I94 (which I would expect) then you have to think of the implications on GC. What if the H4 is rejected is another worst case scenario you have to explore. So you need a lawyer till GC. Keep that in mind.
 
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