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| No. 10 | 
Jun 02, 2007, 10:34 PM
 Re: first I-485 denied and filed second I-485 in US
ok...i do not want to be involved in an immigration debate in a nursing forum.....
if she had not taken the english part requirement, i would suggest to her to take IELTS instead of the TOEFL.....good luck my friend
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Jun 05, 2007, 06:23 PM
Re: first I-485 denied and filed second I-485 in US
Can anybody please give me the link of the law which says "Once you used your EAD, your status is 485 pending, you lost your H4 status. Once your I485 is denied, you need to leave the country immediately."? My attorney said there is no law defining this situation. Originally Posted by rhp123  Seems you didn't hire a good lawyer in the first place.
Once you used your EAD, your status is 485 pending, you lost your H4 status. Once your I485 is denied, you need to leave the country immediately.
It's a serious problem, and consult a good lawyer. Make sure you do not overstay for more than half a year. | | No. 12 |
Aug 01, 2007, 05:14 PM
Re: first I-485 denied and filed second I-485 in US
My wife's H4 renewal was approved yesterday!
For those who didn't read my previous posts:
I and my wife are in H1/H4 status. We filed 485 based on her employment and got rejected in Jan, 2006 due to failure to submit VisaScreen. Since my wife used her EAD, her H4 status was considered invalid since then. But, we didn't do anything to rescue my wife's status. This June, when I tried to renew our H1/H4 status, the attorney from my company confirmed that my wife was out of status. But, we still submitted her H4 renewal. And, yesterday, our H1/H4 got approved.
Maybe it's just because we are lucky. To play safe, I still suggest to go back to home country to reapply H4 status if somebody is on H4 with EAD and 485 got rejected
Good luck!
| | No. 13 |
Aug 01, 2007, 08:56 PM
Re: first I-485 denied and filed second I-485 in US Originally Posted by jialif Thanks a lot for your reply.
Actually, I filed 485 as her dependent. My status is OK, since I didn't use EAD on 485. My attorney who works for my company renewing our H1/H4 is trying to figure out if my wife is in legal status. Since our 485 were rejected more than a year, 245(k) doesn't apply, what I can do is just wait and see what my attorney can get. I don't know what to do if my wife have been out of status for more than a year. Probably, we're still going to file H1/H4 renewal together to try our luck.
If like OP, wbd, the time of out-of-status is counted from the time when her H4 expired but NOT from the time I-485 was denied, my wife is still in legal status, since our H1/H4 expires in this Oct.
You are incorrect on this, it has nothing to do with the EAD, that is a separate petition. The issue is that you were included on her I-485, and when that is submitted, the visa that you were actually on was cancelled. The visa is cancelled when the AOS is submitted, not when it is denied. It does not automatically get changed back to what it was before. That is what the problem is that you have. You need to apply for the renewal of the H1-B that you were on.
Noticed that this was from a few weeks ago, not sure what you have done.
| | No. 14 |
Aug 01, 2007, 09:00 PM
Re: first I-485 denied and filed second I-485 in US Originally Posted by jonRNMD ok...i do not want to be involved in an immigration debate in a nursing forum.....
if she had not taken the english part requirement, i would suggest to her to take IELTS instead of the TOEFL.....good luck my friend
The problem here is that once the nurse has been given a certain time frame to pass the English exams and does not, then they are history as far as immigration is concerned. They are given at least three months to complete it in once they receive the letter, if not done, they get the EAD cancelled, as well as their AOS status. And they are then required to try to get back the previous status that they were on, but it is not something that is done automatically.
That is why I wish that they would follow what they said that they were going to do and require the VSC be submitted initially. That is what we are actually hearing that they are doing now because of cases like this.
If she gets the English passed, she starts the process all over again, they will not use the I-140 that she had submitted before. It was cancelled and cannot be just updated.
| | No. 15 |
Aug 01, 2007, 09:02 PM
Re: first I-485 denied and filed second I-485 in US Originally Posted by jialif My wife's H4 renewal was approved yesterday!
For those who didn't read my previous posts:
I and my wife are in H1/H4 status. We filed 485 based on her employment and got rejected in Jan, 2006 due to failure to submit VisaScreen. Since my wife used her EAD, her H4 status was considered invalid since then. But, we didn't do anything to rescue my wife's status. This June, when I tried to renew our H1/H4 status, the attorney from my company confirmed that my wife was out of status. But, we still submitted her H4 renewal. And, yesterday, our H1/H4 got approved.
Maybe it's just because we are lucky. To play safe, I still suggest to go back to home country to reapply H4 status if somebody is on H4 with EAD and 485 got rejected
Good luck!
If you were on her AOS petition, then techinically you were out of status as well. Your H1-B status got cancelled when you were included with your wife.
Yes, consider the two of you very fortunate. Glad to hear that it worked out for you.
It is not the EAD, but the fact that visas get cancelled when you try to adjust your status.
| | No. 16 |
Aug 01, 2007, 09:07 PM
Re: first I-485 denied and filed second I-485 in US Originally Posted by jialif Can anybody please give me the link of the law which says "Once you used your EAD, your status is 485 pending, you lost your H4 status. Once your I485 is denied, you need to leave the country immediately."? My attorney said there is no law defining this situation.
There is a letter that your wife should have received in the mail when they were going to deny her petition for not passing the English exams in the required amount of time. The letter that she received from them when she did not meet the English requirements in the 90 days given, states that your visa has been cancelled. And you need to leave the US within a certain amount of time that is stated. You do not revert back to your original status that you were under if it is denied. The visa that you were on gets cancelled when you apply for the AOS, that is also why you are required to get the I-131, the Advanced Parole, if you wish to leave the US. There is no active visa.
Sounds like that attorney that you were consulting with is not familiar with the requirements of being a nurse in this country. Many are not, if they are dealing on a daily basis with those under the H1-B status.
But even with that, once the I-485 is submitted, then the H1-B is no longer valid. The status is being adjusted, and that is why you are considered in limbo during that time.
What did the actual letter state that your wife received telling her that her EAD was being cancelled? All information should have been in that letter. It is the I-485 that is cancelled, and that causes the EAD to be cancelled, not the other way around.
| | No. 17 |
Aug 01, 2007, 09:12 PM
Re: first I-485 denied and filed second I-485 in US Originally Posted by jialif And, my attorney said, even we renew our H1/H4 successfully this time, there is still a cloud on my wife's status. To be safe, we should apply green card based on my employment, instead of my wife's employment.
And the attorney is incorrect with this as well. Just because she got cancelled once, that does not mean that she will get cancelled again. Actually see it happen fairly often. And this is the reason why it is so important to use an immigration attorney that specializes in nurses.
And make sure that she has the English exam passed as well as a Visa Screen Certificate in hand before she ever considers going thru this again. Her biggest problem now is having to start over again, and we do not know when the AOS will open up again. Do not expect it for sometime to happen.
| | No. 18 |
Aug 02, 2007, 01:06 PM
Re: first I-485 denied and filed second I-485 in US
Thanks for your input!
But I strongly disagree with you on this: filing 485 invalidates H1/H4 status.
My understanding is: using EAD/AP on 485 may invalidate H1/H4 status. H1/H4 can keep their non-immigrant status as long as they don't use EAD or AP.
By the way, my wife got her VisaScreen certificate a few months ago, and we filed 485 based on her employment again on June 29th (delivered on July 2nd). No response so far: no package returned, no receipt, no check cashed. Hope the bridge legislation can get passed and all of us can get green card soon! Originally Posted by suzanne4 You are incorrect on this, it has nothing to do with the EAD, that is a separate petition. The issue is that you were included on her I-485, and when that is submitted, the visa that you were actually on was cancelled. The visa is cancelled when the AOS is submitted, not when it is denied. It does not automatically get changed back to what it was before. That is what the problem is that you have. You need to apply for the renewal of the H1-B that you were on.
Noticed that this was from a few weeks ago, not sure what you have done. |
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