THEGUYINUS
Registered Users (C)
Hello:
My wife's employer filed her H1B petition and adjustment of status (from a dependent status) as a physical therapist last july (07/22/04 at NSC)...at that time the employer told us that she wouldn't need VISA Screen for health care workers as the law would kick in only after July 26th 2004 (which I am still unsure of). However, after 6 months (Jan 05), USCIS sent a RFE asking for her VISA Screening certification...since, the application for that was still in process with CGFNS at the time of replying to the RFE, we could only send the print out of the pending status of her certification along with her state licensure.... meanwhile, even before the RFE was issued the employer concurrently filed for her I-485 and I-140 in December'04 (Schedule A, No labor) and we have also got our FP done and received our EAD. Recently,a week ago the USCIS has approved her H1B but denied the adjustment of status and asked her to get the H1B Visa from the U.S consulate in India....in this scenario, of ongoing I-485 and I-140 processing and the current H1B AOS denial,`can she opt for not going to India (for H1B) and continue working with the EAD or does she necessarily have to leave the country since the AOS is not approved and get the H1B stamped? the employer says its up to us to decide for the H1B stamping (provided she gets her certification soon) or not and she can continue to remain in US and work on EAD!! We are not sure what the law is in this regard.....anyone who can advice, Please Help!!!
Thanks in advance...
My wife's employer filed her H1B petition and adjustment of status (from a dependent status) as a physical therapist last july (07/22/04 at NSC)...at that time the employer told us that she wouldn't need VISA Screen for health care workers as the law would kick in only after July 26th 2004 (which I am still unsure of). However, after 6 months (Jan 05), USCIS sent a RFE asking for her VISA Screening certification...since, the application for that was still in process with CGFNS at the time of replying to the RFE, we could only send the print out of the pending status of her certification along with her state licensure.... meanwhile, even before the RFE was issued the employer concurrently filed for her I-485 and I-140 in December'04 (Schedule A, No labor) and we have also got our FP done and received our EAD. Recently,a week ago the USCIS has approved her H1B but denied the adjustment of status and asked her to get the H1B Visa from the U.S consulate in India....in this scenario, of ongoing I-485 and I-140 processing and the current H1B AOS denial,`can she opt for not going to India (for H1B) and continue working with the EAD or does she necessarily have to leave the country since the AOS is not approved and get the H1B stamped? the employer says its up to us to decide for the H1B stamping (provided she gets her certification soon) or not and she can continue to remain in US and work on EAD!! We are not sure what the law is in this regard.....anyone who can advice, Please Help!!!
Thanks in advance...