H4 rejected. Please Help ASAP. I need urgent advice

insquest2003

New Member
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. from Company A

new application filed in Nov 2002. Have receipt notice. For Company B
Another one filed in July 2003. for Company C.

Company B got a RFE which they did not bother to respond . Ins called them up and they withdrew the H1& H4 in Nov 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. Someone told me that she will be debarred to enter US for 10 yrs.

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

Please help....
 
go with your lawyers advice ask him if your wife can file I-485 under 245(i) or 245(k)
 
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