Please help an old timer

[PaulK]

I got a phone call today from my lawer.He received an RFE for my wife's(dependantd) case.INS is claiming that she was out of statust between her F-1 visa and her H-4.
Now she completed her stady on January 11 2002.We applied for her H-4 on 07/02/2002.However the aproval notice say that the visa was valid from September 17 2002(the date the visa was aproced.The receipt date is 07/09.The question is Was she out of status for more than 180 days?
I thought that the Notice date is the date that matters.Apperantly INS don't think so.
All this happened on the same day I received my physical green card.

Please let me know what you think.

Here is my info
I-485 ND 12/05/2002
EB3
AD 02/28/2005
Card Received - 09/06/2005

 

[jllag1]

I got a phone call today from my lawer.He received an RFE for my wife's(dependantd) case.INS is claiming that she was out of statust between her F-1 visa and her H-4.
Now she completed her stady on January 11 2002.We applied for her H-4 on 07/02/2002.However the aproval notice say that the visa was valid from September 17 2002(the date the visa was aproced.The receipt date is 07/09.The question is Was she out of status for more than 180 days?
I thought that the Notice date is the date that matters.Apperantly INS don't think so.
All this happened on the same day I received my physical green card.

Please let me know what you think.

Here is my info
I-485 ND 12/05/2002
EB3
AD 02/28/2005
Card Received - 09/06/2005

If I remember correctly, F1 students get some "grace period" to depart country or file another petition after completion of studies. I think it is 90 days. I would imagine if that is true than she was not out of status during that period. Also, even if they was out of status, she would still qualify for AOS under 245(k).