Pending AOS application,H1B extension is rejected

S

surya123R

Registered Users (C)
My wife came to know that her H1B extension was denied( on May 15,2003) due to incorrect filing fee. It seems her company messed up her H1B extension. Now she is working for the same employer using EAD. Please let me know that will there are any problems in future or on our 485 Application due to this. She dependent applicant , we filed 485 application in Aug 23,2002

Her H1B expired on Dec 01,2002. I am assuming that she worked from Dec 02,2002 to May 15,2003 based on her pending H1B extension. She got her EAD in April 2003. She started working on EAD from May 16,2003. I hope that during that period she does not come under unauthorized employment. Please let me know if I am wrong.
 
DID YOUR SPOUSE APPLY FOR H-4 ???

Hi,

Could u tell me if ur spouse apply for H-4 after her H-1 extension wa rejected ?

I and my wife are on H-1
My I-140 is pending and we applied for I-485
Both of our EAD and AP were approved.
My wife is thinking of quiting her job for some time.
Does she need to change to H-4 ??


I understand that it is safer to file for H-4. Since my I-140 is still pending and god knows what the verdict is going to be, we want to keep the option of pursuing GC thro her is my I-140 runs into trouble.

I understand that it is difficult to explain the logic. I would appreciate if one MUST change to H-4 to be on status even after EAD was approved.
 
I-140

Hi Peace
Is you AP and EAD approved even your I-140 is cleared. Mine I-140 is still pending from more than a year now and i did concurrent filling. Mine AP and EAD are not approved yet.

Can you post your notice date for I-140.

Thanks
-Mitra12
 
Details

my I140 RD at VSC june 27 2002
EB-2 RIR
LC Substitution
No Decision YET

EAD, AP and 485 submitted October 8, 2002
EAD, AP approved Nov, 2002
485-No decision YET
FP NO NOTICE YET
 
Originally posted by surya123R
My wife came to know that her H1B extension was denied( on May 15,2003) due to incorrect filing fee. It seems her company messed up her H1B extension. Now she is working for the same employer using EAD. Please let me know that will there are any problems in future or on our 485 Application due to this. She dependent applicant , we filed 485 application in Aug 23,2002

Her H1B expired on Dec 01,2002. I am assuming that she worked from Dec 02,2002 to May 15,2003 based on her pending H1B extension. She got her EAD in April 2003. She started working on EAD from May 16,2003. I hope that during that period she does not come under unauthorized employment. Please let me know if I am wrong.
Click to expand...

If BCIS denied the H1 extension, it means that her H1 expired ON Dec 01, 2002. Any employment after that without EAD will be considered as unauthorized. In her case the period of unauthorized employment will be Dec 02,2002 to May 15, 2003.
I am not sure of the implications of this but you need to consult a good attorney IMMEDIATELY.
 
You must log in or register to reply here.
Top