Chronology:
Applied for I-140 485, EAD & AP - July 2007
7th year H1B &H4 expired: March 31, 2008
I-140 Denied - July 2008
(based on 'ability to pay')
Motion to Reopen and Motion to Reconsider filed: Aug 2008
H1B & H4 applied for: Sept. 2008
EAD for wife expiring on Oct 15, 2008
EAD for self expiring on Jan 21, 2008
Also new labor certification process started.
My questions are:
1. If we do not get H4 before Oct 15th, does my wife go out of status? Similarly if we do not get H1 before Jan 20th, do I go out of status?
2. Although we both got APs, we did not use them. Do we still need to go for stamping for the new H1 & H4 (considering that the earlier I-94s were expired)? Or do they issue new I-94s?
My company does not use lawyers, so I have no expert to fall back on.
I appreciate any info on these issues. Thanks.
Applied for I-140 485, EAD & AP - July 2007
7th year H1B &H4 expired: March 31, 2008
I-140 Denied - July 2008
(based on 'ability to pay')
Motion to Reopen and Motion to Reconsider filed: Aug 2008
H1B & H4 applied for: Sept. 2008
EAD for wife expiring on Oct 15, 2008
EAD for self expiring on Jan 21, 2008
Also new labor certification process started.
My questions are:
1. If we do not get H4 before Oct 15th, does my wife go out of status? Similarly if we do not get H1 before Jan 20th, do I go out of status?
2. Although we both got APs, we did not use them. Do we still need to go for stamping for the new H1 & H4 (considering that the earlier I-94s were expired)? Or do they issue new I-94s?
My company does not use lawyers, so I have no expert to fall back on.
I appreciate any info on these issues. Thanks.