Legal Immigration Status Question

M

mcnair

Registered Users (C)
I have a question. My wife was on F1 status and I was on H1, before we got married in the USA in 1999. I have filed I485 for both of us in March 2002. Her OPT expired in Jan 2003 and thereafter she received an EAD based on her pending I485 application. But when she applied for renewal of the EAD in June 2003, we received an RFE. We donot know the details of the RFE yet. But Is the legal status of my wife governed by her I 94 card(which says that it is valid untill duration of study or is it based on a decision on her derivative I485 petition).Please let me know , the above question kept lingering in my mind today and I would greatly appreciate any response on this.

Thanks

Mcnair
 
Once she applied for I-485, her status is "adjustee" and is in a valid and legal status until 485 is adjudicated. The date on I-94 has no relevance once 485 is filed as long as she was in a valid status at the time of filing. In your case I think she was in valid status at the time of filing since my understanding is Duration of Status for F1 extends for 1 year after graduation to cover OPT.
 
nkm-oct23,
Thank you for the prompt reply, I think I am losing my mind. I definitely need a sanity test. Thanks for the clarification. It was very helpful. I have one more question,
Have any of you seen RFE's on EAD renewals being issued, since I think that this is very unusual..

Thanks

McNair
 
Originally posted by mcnair
nkm-oct23,
Thank you for the prompt reply, I think I am losing my mind. I definitely need a sanity test. Thanks for the clarification. It was very helpful. I have one more question,
Have any of you seen RFE's on EAD renewals being issued, since I think that this is very unusual..

Thanks

McNair
Click to expand...

I have personally not gone thru EAD process but from what I read in these forums, most RFEs for EAD are requests for proof of I-485 filing (in the form of a receipt notice) and to correct any deficiencies like incorrect fees, photos, etc.
 
Thank you, I will let you know of the details of the RFE when I receive it.

Thanks Again


McNair
 
why was renewal applied for so early

from your post i gathered that she got ead after jan 2003. so why was the renewal applied for so early i.e june 2003.
by the way..nkm-oct23 is right about the possibilities.
 
mcnair,

Since you wrote that your wife had OPT then EAD and currently pending EAD extension so I just wanted to mention that..
1. As nkm-oct23 wrote she is always in status because her valid I-485 is pending.
2. But, if she is working then I think she needs a valid work permit (H1/L1/EAD/OPT etc) without which she may be illegally working and she may be in trouble.
3. If 90 days passed since you filed for EAD extension she can go to local BCIS office to get iEAD so that she can continue working.

Goodluck
PCee
 
Unlike H1, F1/opt (Pure non-immigrant visa) are not dual intent visa. So once she has applied for I-485 her status turns into Adjustment of status. and lost F1/OPT status. You may not say she was on opt/F1. Just guess. Does it make any sense?
 
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