Please Help in RFE

N

nicedude

New Member
Me and my wife filed 485 in Nov 2002. My wife got an REF. RFE requested Status of my wife from Sept 30, 2002. My wife H4 expired on Sept 30, 2002 and filed 485 on Nov 15, 2002. she is out of status for 45 days.

My question is, Is she falls under 245(K) rule?

I appriciate your help.
 
What was your status when your wife's status expired. Were you maintaining status? Why didn't you file extension of H4 if you were having H1? If she is out of status, she has to invoke 245(i or k). Ask your lawyer for options.
 
visak said:
What was your status when your wife's status expired. Were you maintaining status? Why didn't you file extension of H4 if you were having H1? If she is out of status, she has to invoke 245(i or k). Ask your lawyer for options.
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My Status was H1. But my lawyer didn't apply for H4 Extension on time. He submitted H4 extension in Jan 10, 2003 after submitting 485 (Nov 15, 2002). But H4 extension was denied.

What do you mean by invoking 245(i or k). My lawyer wants to re-submit H4 extension which doesn't make sense. I appriciate your help.
 
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