Thought some of you may be interested.
My 140 (EB1ea, VSC) was long due and finally denied. So do the 485s. I am still in H1 but my wife was using EAD. There were some debates on this forum if the status of H4 can be maintained without visa stamp from some consulate. In this case, my wife was taken off payroll temporarily and her company filed a H1 petition and it was approved in about a week. She had an H1 before so doesn't count for cap.
I don't know what exactly this case implies but seems it is not that terrible if spouse uses EAD based on a un-approved 140.
I also filed an appeal for 140 and got a notice say the case was reopened due to a motion in BCIS. I need some help from you guys:
Can we apply for re-open 485s? The denial letter said the decision for 485 is final.
If we can, is that the same fee of $110? Shall we apply now or can we wait until there is a decision on my appeal. I heard the chance for appeal is very slim so don't want to spend the money now.
Also my company filed an NIW for me a while ago, with another 485s (CSC). Of course you know it is probably even more difficult. Will the appeal have negative impacts on the NIW one?
Thanks for any suggestions. Good luck on everyone.
My 140 (EB1ea, VSC) was long due and finally denied. So do the 485s. I am still in H1 but my wife was using EAD. There were some debates on this forum if the status of H4 can be maintained without visa stamp from some consulate. In this case, my wife was taken off payroll temporarily and her company filed a H1 petition and it was approved in about a week. She had an H1 before so doesn't count for cap.
I don't know what exactly this case implies but seems it is not that terrible if spouse uses EAD based on a un-approved 140.
I also filed an appeal for 140 and got a notice say the case was reopened due to a motion in BCIS. I need some help from you guys:
Can we apply for re-open 485s? The denial letter said the decision for 485 is final.
If we can, is that the same fee of $110? Shall we apply now or can we wait until there is a decision on my appeal. I heard the chance for appeal is very slim so don't want to spend the money now.
Also my company filed an NIW for me a while ago, with another 485s (CSC). Of course you know it is probably even more difficult. Will the appeal have negative impacts on the NIW one?
Thanks for any suggestions. Good luck on everyone.