Million dollar Status Question ,Please help !!!!!

[Faith2005]

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 ?

 

[TheRealCanadian]

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

You are out of status, so N/A.

When my 180 days of unlawful presence starts?

The day your I-94 expires. Make sure that you submit your I-485 before 180 days has elapsed since his I-485 was approved.

does pending H1 gives me a status

No.

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 shoud I wait ?[/quote]

USCIS will not approve your change of status, since you are presently out of status. I'd personally wait until

Should I just submit them what they have requested without giving additional info ?

No. I'd give them nothing, except a letter stating that your spouse is no longer in H-1 status since he is a Permanent Resident, and enclose a copy of his I-485 approval. Your Change of Status will be denied, but the H-1 petition itself should be OK.