Question about Out Of Status Denial For 485

K

khadash

Registered Users (C)
Hello Gurus,

I was reading about I485 Denial for Dependents and was disappointed to finout out that it was rejected on grounds of "out of status" since 7th year extension was not filed for dependents per the following thread:

http://www.immigrationportal.com/showthread.php?p=1276764#post1276764

My Case is the following:

My H1B Expired on August 2005.Working in EAD Since. Recently got Second EAD Renewed for me and spouse.

I 485 Filed in Oct 2004. While adjudicating for AOS can there be a denial since my H1B expired and no 7th year extension has been filed and both spouse and myslef working in EAD Since the expiration.

All help is desperately needed
Please Advice
Thanks
Khadash
 
No you cannot be denied based on your situation, assuming that you have been in legal status the entire time with no gaps between various statuses. As soon as you received the EAD the EAD is your new legal status assuming you received the EAD prior to the H-1B expired.
 
You don't need EAD to be on status (unless you were working).
Merely filing AOS while on legal status (H1) is sufficient.
 
wait man. before you hit the panic mode. i know you read that case. its a very long list . it looks like a complex case. it seem like the 7th yr extn was not filed for dependants...etc.
from that thread. primary i140 was denied...i mean there is a lot of stuff that does not happen ordinarily to majority of cases.

"7th year extension for PRIMARY: Feb 2004

7th year extension were not applied dependants.

Primary I-129 (7th yr extn) denied: Aug 2004

Primary I-129 (7th yr extn) denied because I-140(first) denied.
Did not recieve I-140 denial until asked for it.

I-140 (first - primary) was denied 09/27/2004.
"

unless your case is very much like this case. i would suggest you to relax.
 
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