485 pending, valida AP/EAD, new H1B approved, notice of decision
Hi Rajiv,
I am sending all the docs for your paid consultation and review. Meanwhile I am briefing and posting the quetions I have.
1. My wife H1B expired on June22nd 2008. I filed for her I-485 AP/EAD on July 2007.
2. Wife used EAD for her new job and AP to reenter USA after going to india when her mother died in Jan 2008.
3. Wife got new job after completing her residency and applied for new H1B (California service center) in Nov 2008 mean while used EAD to join the new job.
4. H1B approved on Dec 31st 2008 and also a notice of decision has been included as follows.
A Notice of decision also has been included stating/showing some sections that why the change of status has been denied ( I do not know why attorney requested the
change of status instead of requesting a new H1B)
and also notified to leave the country within 30days (by Jan 30th). The following is the last paragraph in the notice of decision I am typing as it is for your reference.
" USCIS is not initiating removal procedures against the benficiary at this time. The decision resulting in the denial of form I-129 leaves the beneficiary without
lawful immigration status and he or she is now present in the United States in violation of the law. The beneficiary is required to depart the United States within 30days
from the date of this decision, or be subject to rempval procedings. Remaining in the United States beyond this time will also affect his or her ability to return to the Unted States.
Also, as of the date of this notice, any Eamployment authorization granted based on the pendancy of his or her application is herby cancelled. For questions concerning immigration services
and benefits, the beneficiary may call 1-800-375-5283 or for TTY 1-800-767-1833.
NOTE: If an appeal to the petition denial is filed and sustained, and if the benficiary is otherwise eligible for the change of the status, the USCIS will, on its own motion,
grant the requested change of status. THERS IS NO FEE REQUIRED FOR THIS ACTION.
Chris poulos
Director."
1. As her I-485 is pending and has valid AP is there I beleive she is in authorized stay.
But the USCIS decision says to leave withing 30days. Toget the stamping in Vancouver we got the latest available appoint which is
March 11th 2009. And also we have to get the VISITOR VISA for CANADA.
2. What are the consequences if she do not leave by Jan 30th?
3. What actions/procedures to be folowed in this case without leaving USA
4. What If the H1B VISA stamping denied at vancouver Can she reenter the USA with Valid AP (Valid until dec 16th 2009) that she have now.
5. At the time of entry with this USCIS decision affect in any way her reentry.
6. What affect will have on her I-485 pending.
7. without leaving the country can she continue to work on her EAD
Thanks & regards
Mohamed