I am lost in the immigration maze and I do not even know how my case get so complicated. Here it is...
Our EB2 (NIW) I140 and concurrently filed I-485 was denied by VSC on Oct 20, 2004. I am on H1b and my wife on a H4 visa, both valid till July 2005. But my wife used her EAD (AOS pending) to work since Feb. 2004. After she used her EAD, she loses her H4 status. After the I485 denial, she lose the AOS status. (1) So was she out of status after Oct 20, 2004?
We filed I-539 for my wife on Oct 28, 2004, (suggested by our lawyer), trying to bring her back to H4 status. We got the I-539 receipt on Nov 1, 2004 and it is still pending now. But recently I heard in her case, she cannot convert back to H4 inside US. She has to leave the county and come back with a fresh H4 visa. (2)Is that correct?
(3)Since I am ready to file my H1b extension, could I file with her H4 extension to bring her back to H4 status inside U.S.?
We filed I-290B to appeal for the EB2 I140 denial, and got the receipt on Nov. 19, 2004. (4)Does this help she to be in status?
(5)We also filed a new EB1-EA I-140, concurrently with our new I485, and we got the receipts on Dec. 20, 2004. Did this bring her to a new AOS status? Will she still need to leave U.S. and come back again in order to be in status?
(6)Was she considered out-of-status between the two AOS status (2 month gap)? Do the pending I539 and I290B can cover this gap? How about if the I-539 get denied? Is this a problem for our future green card application?
(7)If she starts to work with the EAD based on the new AOS, can she apply for H1b to convert from AOS to H1 status in the future? (because I am not sure the new I140 EB1 will get approved). Will she need to leave the country to make that happen?
Thank you very much for the help.
Our EB2 (NIW) I140 and concurrently filed I-485 was denied by VSC on Oct 20, 2004. I am on H1b and my wife on a H4 visa, both valid till July 2005. But my wife used her EAD (AOS pending) to work since Feb. 2004. After she used her EAD, she loses her H4 status. After the I485 denial, she lose the AOS status. (1) So was she out of status after Oct 20, 2004?
We filed I-539 for my wife on Oct 28, 2004, (suggested by our lawyer), trying to bring her back to H4 status. We got the I-539 receipt on Nov 1, 2004 and it is still pending now. But recently I heard in her case, she cannot convert back to H4 inside US. She has to leave the county and come back with a fresh H4 visa. (2)Is that correct?
(3)Since I am ready to file my H1b extension, could I file with her H4 extension to bring her back to H4 status inside U.S.?
We filed I-290B to appeal for the EB2 I140 denial, and got the receipt on Nov. 19, 2004. (4)Does this help she to be in status?
(5)We also filed a new EB1-EA I-140, concurrently with our new I485, and we got the receipts on Dec. 20, 2004. Did this bring her to a new AOS status? Will she still need to leave U.S. and come back again in order to be in status?
(6)Was she considered out-of-status between the two AOS status (2 month gap)? Do the pending I539 and I290B can cover this gap? How about if the I-539 get denied? Is this a problem for our future green card application?
(7)If she starts to work with the EAD based on the new AOS, can she apply for H1b to convert from AOS to H1 status in the future? (because I am not sure the new I140 EB1 will get approved). Will she need to leave the country to make that happen?
Thank you very much for the help.