Is my wife out of status? Please help.

A

Andrew Young

Registered Users (C)
Hi;
My wife signed the laidoff aggrement with her company on June 24 and she was told that the company would inform INS of canceling her H1-B one month later, i.e. on July 24. During this period I file I-485 for me and my wife with EAD on July 2 (Fedex confirmation on July 3), 10 days after her laidoff. Another company filed H1-B for her on July 14 with a receipt on July 24 (actually this company processed her H1-B transfer long before her laidoff).
I need your help to find out whether my wife is out of status or not. Your help is highly appreciated.
 
Your wife is not out of status :)

As long as you are primary applicant for I-485 .
2] If some one already filed for NON FRIVOLOUS H1B petetion or transfer for your wife she is covered regardless of your 485.
3] She has 60 days after the layoff date to file for a transfer if existing H1B is NOT REVOKED

HOW EVER IF HER EXISTING H1B IS REVOKED BEFORE THE TRANSFER AND ALSO BEFORE YOUR 485 FILING DATE THEN SHE IS OUT OF STATUS.

IF SHE IS OUT OF STATUS THEN YOU CAN TAKE ADVANTAGE OF 245I FOR HER ONCE YOU GET YOUR APPROVAL...........

I would advise if you have doubts please seek a legal help.

Hope this will help
Hanuman
 
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I think your wife\'s status is perfect. First thing you got EAD before they canceled her H1. Another point is EAD is not a status and your wife is in status from the day you applied for 485 until a decision is taken about it. From your mail it is clear that she got EAD on July 2nd, so I assume her 485 would have filed before June 24. In both the cases she is perfectly in status.
 
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Thank you very much, Hanuman. My wife\'s existing H1B would
be valid till March, 2003 if not being laid off. I appreciate your
help.
Andrew.
 
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Thank you very much, Hanuman, JimZ and Thomas. I
appreciate your help. Now I feel better. I will post my I-485 detail
to the receipt track. Thanks again.
 
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