Legal Status Issue - I-485 RFE

Akx

Registered Users (C)
Dear Friends,
I just got a email from USCIS stating that they have sent a RFE on my wife's case. All I can think of is that it could be for her Legal Status in the US. I changed my employer in 2003 and transferred my H1 but my company forgot to file for my wife's H4 transfer, inspite of me giving them the papers for her transfer, along with mine. We took a note of her case not filed for transfer, just 17 days before her completing her 180 days of being out of status, we immediately filed papers for H4 Transfer and also used the Apporved labor from my previous employer to file adjustment of status 140 and 485. the H4 application was denied, even though we presented a good case stating the admins fault and no fault of the applicant. Anyway, later that year there was a RFE on my 140, abililty to pay,,,, which we responded to, but that case was I suppose denied as my previous employer had a weak financial standing, but the online status till date shows pending. I filed another 140 / 485 this year using a labor substitute in Dec 2004, from my current employer, got my EAD, AP and 140 Approved so far. All this while my wife has been in the country on basis of first our precious AOS application and now this AOS 485 pending case, do you think her not having a H4 and living in this situation could cause problems. RFE Notification is on its way, I am presuming, this could only be the reason for RFE on her case, My LUD has not changed since my FP, but hers changed 4 times since last week - finally the status changed to RFE sent. Please advice, what should I do in this situation.

140 / 485 Filed Dec 14th 2004
EAD - AD 11 Jan, 2005
AP - AD 7 Feb, 2005.
485 Pending
Spouse 485 - RFE sent 10th MAY, 2005.
 
hmmm,
dont know what to say really

my wife was in the same situation. but we got H4 extensions for her even after her original I-94 expired. We envolved congressional assistance - but did not get nunc-pro-tunc h4 ext...INS issued H4 & I-94 anyway...we kept extending and transfering both h1/h4 three more times after that stressful time.

check this link
http://boards.immigration.com/showthread.php?t=174572

and see with the attorney - this needs to be addressed ASAP

all the best, I wish I had more good news for you - you HAVE to involve good attorney
And, see if (when new bill is passed) your wife can use that to get GC
 
Akx said:
Dear Friends,
I just got a email from USCIS stating that they have sent a RFE on my wife's case. All I can think of is that it could be for her Legal Status in the US. I changed my employer in 2003 and transferred my H1 but my company forgot to file for my wife's H4 transfer, inspite of me giving them the papers for her transfer, along with mine. We took a note of her case not filed for transfer, just 17 days before her completing her 180 days of being out of status, we immediately filed papers for H4 Transfer and also used the Apporved labor from my previous employer to file adjustment of status 140 and 485. the H4 application was denied, even though we presented a good case stating the admins fault and no fault of the applicant. Anyway, later that year there was a RFE on my 140, abililty to pay,,,, which we responded to, but that case was I suppose denied as my previous employer had a weak financial standing, but the online status till date shows pending. I filed another 140 / 485 this year using a labor substitute in Dec 2004, from my current employer, got my EAD, AP and 140 Approved so far. All this while my wife has been in the country on basis of first our precious AOS application and now this AOS 485 pending case, do you think her not having a H4 and living in this situation could cause problems. RFE Notification is on its way, I am presuming, this could only be the reason for RFE on her case, My LUD has not changed since my FP, but hers changed 4 times since last week - finally the status changed to RFE sent. Please advice, what should I do in this situation.

140 / 485 Filed Dec 14th 2004
EAD - AD 11 Jan, 2005
AP - AD 7 Feb, 2005.
485 Pending
Spouse 485 - RFE sent 10th MAY, 2005.
----------------- you need to cantact good attorney
 
Akx said:
Dear Friends,
I just got a email from USCIS stating that they have sent a RFE on my wife's case. All I can think of is that it could be for her Legal Status in the US. I changed my employer in 2003 and transferred my H1 but my company forgot to file for my wife's H4 transfer, inspite of me giving them the papers for her transfer, along with mine. We took a note of her case not filed for transfer, just 17 days before her completing her 180 days of being out of status, we immediately filed papers for H4 Transfer and also used the Apporved labor from my previous employer to file adjustment of status 140 and 485. the H4 application was denied, even though we presented a good case stating the admins fault and no fault of the applicant. Anyway, later that year there was a RFE on my 140, abililty to pay,,,, which we responded to, but that case was I suppose denied as my previous employer had a weak financial standing, but the online status till date shows pending. I filed another 140 / 485 this year using a labor substitute in Dec 2004, from my current employer, got my EAD, AP and 140 Approved so far. All this while my wife has been in the country on basis of first our precious AOS application and now this AOS 485 pending case, do you think her not having a H4 and living in this situation could cause problems. RFE Notification is on its way, I am presuming, this could only be the reason for RFE on her case, My LUD has not changed since my FP, but hers changed 4 times since last week - finally the status changed to RFE sent. Please advice, what should I do in this situation.

140 / 485 Filed Dec 14th 2004
EAD - AD 11 Jan, 2005
AP - AD 7 Feb, 2005.
485 Pending
Spouse 485 - RFE sent 10th MAY, 2005.
While appliing first I-485 was it less then six months? Did you apply second I-485 before the denial?

If both answer are yes you may be able to use 245(K). Go for good attorney.
 
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