I-485 - "Out of Status" Question - Pls help

[Perma]

I am the principal applicant. My husband is applying with me. Our question has to do with a time period when he may be considered out of status in the even though he did send in all the paperwork.

Background: He applied for an H1B in Julne 2002 and received it in July 2002. He was laid off in September 2002 and the employer cancelled that H1B in October 2002.

He then got a new job and applied for a new H1B in November 2002. His lawyer sent all the forms and the fees but he never received a notification of receipt. In July of 2003 I applied for an H1 and he changed his status to H4 as he decided to quit and study. I renewed my H1B in July 2006 and he renewed his H4 as well at the same time. We never had a problem - no questions were asked.

Question - does the fact that he never recieved an H1 approval notice in Nov 2002 negatively affect our I-485 application since we do not have a copy of it to submit? If yes, what are our options?

Any advice is much appreciated! Thank you.

 

[assur]

I am the principal applicant. My husband is applying with me. Our question has to do with a time period when he may be considered out of status in the even though he did send in all the paperwork.

Background: He applied for an H1B in Julne 2002 and received it in July 2002. He was laid off in September 2002 and the employer cancelled that H1B in October 2002.

He then got a new job and applied for a new H1B in November 2002. His lawyer sent all the forms and the fees but he never received a notification of receipt. In July of 2003 I applied for an H1 and he changed his status to H4 as he decided to quit and study. I renewed my H1B in July 2006 and he renewed his H4 as well at the same time. We never had a problem - no questions were asked.

Question - does the fact that he never recieved an H1 approval notice in Nov 2002 negatively affect our I-485 application since we do not have a copy of it to submit? If yes, what are our options?

Any advice is much appreciated! Thank you.

If the "validity dates" on H1B & H4 do not show GAP.
-AND/OR-
If the "validity dates" on H1B & H4 overlaps each other
YOU ARE OK.
Here I am referred to my own cases discussed with attornies in the past.

 

[compass]

In addition to "no gap":
Did you get I-94 attached to H-4? If yes, you are probably ok, if no, you supposed to go outside US and come back with new I-94....

We had similar problem, my spouse renewed H-1 and lawyer did not get receipt, however he managed to get some pdf file as receipt and we had this print-out and attached later when explaining our status. problem was, spouse switched later to H-4 but this happened 7 months after renewing H-1, and renewing was still pending at that time (we knew that receipt on timely renewing covers you for 240 days - problem was, we did not have 'real' receipt).
When we applied for H-4 and later I-485 we always explained what happened and attached all paperwork... H-4 was received with valid I-94 attached, and we did not get any RFE on that while I-485 was pending.