Million Dollar Status Question,Gurus, Seniors, Please help

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Faith2005

Registered Users (C)
Hello ,

I lost my H4 status as My husband got GC thr employment based category in June.As a result of God's grace my H1 petition is picked thr lottery.I have the receipt notice of the same.My employer filed it as a new I129 case rather than change of status ..and I got the RFE on the same .. So my h1 petition is pending at USCIS ..I will appreciate if you let me know

1)While filling I 765 form(EAD) ,What status I should write as my current status ? Is it H4? Pending H1? or Pending 485? Gurus, Senior Members Please help !!!!!!!!!!

2) When my 180 days of unlawful presence starts ? does pending H1 gives me a status ?

3)IF USCIS does not approve change of status and I have to get my H1 stamped at consulate, Can I go to home country for stamping before getting an advance parole or should I wait ?

4) In RFE They have asked if spouse's H1 validity.My spouse H1 is valid till 2009 but he also has recently approved 485 & green card ..they have asked for his pay stubs ,I 797 etc .Should I just submit them what they have requested without giving additional info ?
 
1. Definitely not H-4 ...
2. The day your husband's GC was approved
3. GC and H-1B are independent process - I think that should be okay
4. As a general rule furnish only the necessary details.

Please consult an immigration attorney for your current status and future strategy
 
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