Spouse\'s H-1 B1 Transfer Declined At 485 Stage

S

SHARON HU

Registered Users (C)
We have a situation and hope someone out there can help out. Our 485 RD is Sept 1, 2001 and ND is Oct 2, 2001. We both got our EAD cards in Nov, 2001. We also got our finger print done and passed this month. Now we found out that my husband\'s H-1 B1 transfer has been rejected for various reasons. He is supposed to reply in 30 days. He filed this transfer in June, 2001 before we filed 485. We plan to go back to our home country this month. My question is whether he should proceed his petition for his H-1B1 in case we got REF and whether this situation will have any effect on his entry into USA. Please help. Thanks.
 
You have EAD. You should be able to travel if you have an Advanced Parole...

You might be able to get one quickly at the local INS office if you can claim an emergency need to travel.

Also both of you should be able to work on the EAD.
 
Thank you, NSC-Year6

I want to find out whether he should continue the procedure of getting his H-1 B1 or it is not necessary at this point. We both got EDA to work and AP to travel. I know once we use AP to travel, we both will lose the current status. So I can\'t see any point of getting his H1-B1. I am waiting for the response from my lawyer to clarify it. If someone has any idea, please share with me. I appreciate it.
 
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