URGENT! Please Help!!

[Sean Connery]

Hi All,

My wife came to this country as my dependent on an H4 Visa. She then got a job, and her employer sponsored an H1-B for her. She was on an H1-B, when her company closed down. We tried to revert her status back to H4, by applying with form I-539. At around the same time, our I-485 Application was also filed. Today we received a denial of status change (denial for changing back to H4), as we already had a Permanent Residence applkication pending.

Now, please advise me on what I should do? She already has her EAD and AP. Is she considered Out of Status? Or does the issuance of the EAD and AP already mean that she no longer needs the H1/H4 category?

I am really confused, and any help will be greatly appreciated! Thanks,

--Perplexed!!

 

[india_485]

No Title

No need to get confused

My wife\'s H4 expired in march. She has an EAD and AP and we recently entered US after H4 expiry. No need to worry. Her status is "Pending Adjustment"

 

[arms]

No Title

Can you please post the dates when you filed for I-485 and when you filed for your wife\'s change of status ? Did INS give any reason for denial ? Maybe it is because your wife is in AOS and does not need an explicit change of status ? I think you are safe.

-arms

 

[Sheffs]

No Title

Do not worry. As she already applied for 485, INS rejected her I-539.

Sheff\'s

 

[Arvind K Mathur]

No Title

If your I485 is pending then I believe a status change is not necessary. You may like to check with an attorney.

 

[Sneha]

No Title

Her status does not matter now since her 485 is in progress. She can legally stay in US.
Just one thing - Did you apply for her 485 before her company was closed down. Please check I-485 receipt date and her company closure date. If 485 date is later date, then she was out of status for those days. If not, she is fine. Even if she is out of status, you can still give $1000 to INS and get away with it.
I hope this clears your confusion. Wish you all the luck

Sneha

 

[Sean Connery]

No Title

Thanks to everyone for your words of wisdom! This really helps me feel a lot better. We had applied for I-485 after her company closed down. But just as soon as her company closed, we applied for the Change of Status (I-539). This is the sequence that the events happened:

1. Company Closed in mid November \'00
2. Applied for I-539 in early December \'00
3. Applied for I-485 in mid December \'00

Am I still safe? Any Out-Of-Status situation here?

Thanks for all you responses!
--Perplexed!!