I-140 & I-485 Denial

H

haraous

New Member
Hi Everyone,
My I-140 & I-485 got denied on Jan 18th and I'm on 7th Year H1 Extension which expires in Feb 6th.My employer has filed for motion for Reconsideration and applied for 8th Year extesnion. My wife has used up her 6 years of H1 & H4 Combined limitation and she has used her EAD, But she hasn't received her I-485 Denial. Need suggestions . Can she work untill she get her I-485 Denial ? or is it automatic denial ? What is your suggestion .. can she work ? can she convert to H4 ?

Would Appreciate your feedback.

Rao
 
I am also looking for responses.

She might want to re-capture the time she spent outside of USA, if not done so already.

-pachya
 
haraous said:
Hi Everyone,
My I-140 & I-485 got denied on Jan 18th and I'm on 7th Year H1 Extension which expires in Feb 6th.My employer has filed for motion for Reconsideration and applied for 8th Year extesnion. My wife has used up her 6 years of H1 & H4 Combined limitation and she has used her EAD, But she hasn't received her I-485 Denial. Need suggestions . Can she work untill she get her I-485 Denial ? or is it automatic denial ? What is your suggestion .. can she work ? can she convert to H4 ?

Would Appreciate your feedback.

Rao
Click to expand...

I believe she can still be on H-4 based on fact that your H-1 ( 8th year) is filed for. Any expert opinions please ?
 
She cannot work as her I-485 was based on yours and yours is denied. She can come back on H4 by going out of the country apply for an H4 visa in a consulate with your H1-B notice and reentering US.
 
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