Unitednations and other gurus, please help!

weigoodone1

Registered Users (C)
I am the primary applicant in I-485 applications.
My wife recently got a REF requesting all the previous F-1 and H-1b document.

Due to misunderstanding happened when my wife first got her F-1 (transferred from F-2), she was out of F-1 status for one year (during the one year, she was in school studying, but failed to transfer her F-1 from one school to another) . This happened from 2000 to 2001. She later on reinstated her F-1 status with the help from her school immigration office. Then she filed I-485 togather with me on 2003.


My lawyer give us two choice:

1. don't respond, meaning give up current I-485 for my wife. My wife still have her H-1b valid, travel on her H-1b and reentry on H-1b. Refile I-485 based on the new entry.

2.Respond with current material. My lawyer told us if we respond include my wife's F-1 I-20 document. USCIS will have knowledge about my wife's out status situation. They may reject my wife's case right now.

I am curious that doesn't USCIS already know everything. What difference does it make if we respond and been rejected and then my wife doing an reentry based on H-1b and refile.

Do you guys know what other option we may have!

Thanks in advance!

weigoodone
 
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