Help please!!

D

devdas

Registered Users (C)
Here's my situation:

1. Filed I-485 in 03/03. PD Aug, 2002, Category: EB3
H1 expired in 03/05

2. Went to India and got married. My attorney suggested since the dates were retrogressed
it will take a while (maybe years) to bring my wife to U.S. So we filed for H1-B extension
for a period of 3 years, filed premium processing on 11/05.

Now USCIS sent an RFE as below:

USCIS writes: "According to our systems he has been in H-1B status since xx/xx and has left the
country twice. Beneficiary left on xx/xx with a return date of xx/xx and remained in the
US continuously until xx/xx."

According to my understanding, they are asking for justification for H1-B extension.

If anyone has comments on this, please post to this thread.


Devdas
 
I am working on EAD. The reason for filing H1-B extension is to bring my wife immediately to U.S. after the approval.
 
I think if you are working on EAD, then you do not have H1-B anymore..since you do not have H1-B, no question of extension..unless you want to have new H1-B
 
devdas,

When I first saw your post, I didn't pay attention and didn't think big of deal. Now I don't want you to be panic, but be cautious. If you already use EAD, then apply extention of your H1b, is there any risk of being considered abandoning I485? Check with your lawyer!!
 
Last edited by a moderator:
I think if you are using EAD your H1 B becomes automatically invalid.... My sincere advise talk to a good lawyer....
 
Sandy2000/Ibelieve/484test,

Thanks for your reply.

Filing for H1 extension will not cause any problems with I-485. Atleast, thats the feedback I got from my attorney. I will do more research on it.

I will try to contact other attorneys too.

Thanks again.

Devdas.
 
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