first I-485 denied and filed second I-485 in US

Your assumtions are incorrect. The petition for the I-485 is not the same as the one for the EAD. They are two very separate petitions.

And using the EAD or not using it has no bearing on the I-485. The issue is that they cancel out the visa that you were on when the I-485 is submitted. That is what is done in the process of adjusting your status. And why you cannot leave the country without having the I-131 as you no longer have a valid visa. It is easy for you to reapply for the H1-B, as you are not under a quota when renewing, but that is essentially what happened to you. You do not get your old visa back.

And this is what happens when anyone on any type of visa applies for the green card, and they were all on non-immigrant visas. It could have been the F-1, the TN Visa for Canadians, or the H1-B. The issue is that the visa is cancelled. That is why it was written in the letter that your wife received when her EAD was cancelled, that she no longer had a valid visa to remain in the US. There was no mention that she returned to her previous status. And this is not because of the EAD, but just the fact that the I-485 was submitted. There are many that actually continue on the EAD that they had with their OPT, etc., and do not even get the new one. And if they get denied, then they get cancelled. You have been given incorrect information on how the I-485 actually functions.

But the next problem that I can see and one that has been well documented is that immigration came out on July 2nd and stated that they were not accepting any I-485s on that date. Then there are was the arguing by some law firms, and they did not open the time until July 17th, so if filed before then, expect it to be returned. That is what they stated in the Bulletin that they were going to be doing. And why nothing has been cashed or anything else. Suggest that your attorney follow up on this, or you will definitely be out of luck.. Did your wife actually have the I-140 filed before that time? If not, and they return your petitions this week, hope that they at least accepted the I-140 and do not return all. Otherwise, the deadline for the submitting of the I-140 in order to have the I-485 submitted was July 31. And they are only accepting the I-485 up until the 17th of August.

And do not expect a green card soon, there are no visas available at this time. Immigration did not want to accept the petitions but were forced to, so expect that it will be at least a year from now at the earliest.

I know that you are anxious to get it, but if things would have been completed last year, you would be getting one now. But the retrogression has gotten much worse. And is expected to get worse.
Accepting of a petition will not speed things up at this time at all.

Just trying to be honest with you. I do not get paid for giving advice, but I have been proven to be correct many more times than not.

And next issue is that you wife just got approval on her new H-4 status this past week or so, so in that case, what was her actual status on July 2nd? If she was out of status, then you cannot adjust a visa either. She must have a current status on that date, and do not think that she did. Just because it was applied for does not necessarily make it current for her. That is the other thing that you have to deal with.

And to better understand where I am coming from:

In the past when tourist visas were used for the AOS and there were visas available; the worst thing that anyone could do was apply for the extension of that visa. While there was a pending petition for the extension in process, they are unable to submit the I-485. It was not accepted then. Even if they had found an employer, not a thing could be done until they got official word on that extension. And if denied, then they had to leave the US, it could not be appealed to anyone. No matter if there was an employer to petition them.

The issue now becomes that you had a pending petition for her at that time as well, and not a current visa. She was waiting for approval on that, so no visa to be adjusted.

And I just got off the phone with some of my immigration consultants, and they told me that I have been 100% correct in the information that I gave you.

Seriously suggest that you follow up on this. And for sure you will be getting the I-485 petition returned, that was in the memo that was released on July 2nd. They stated that there were not accepting them and would be returning all that arrived then. They did not start to accept them until July 17th, any before are being returned.

I agree with Jilaf. We are in h4/H1B and today I am going to file the AOS without a VSC!!!!.No attorney has told me that our h1b/h4 status will be lost unless we use EAD. h4/h1b is dual intent visa (immigration a nd non immigration intent). I will post the development.In the worst case I can enjoy some good time in my native country for some time if what Suazanne says is correct!! but I dont think so.......

Lady123

According to the last paragraph of the July 17 USCIS Update applications already properly filed with USCIS will also be accepted.

http://www.uscis.gov/files/pressrele...ate17Jul07.pdf

And the magic word is properly filed, the slightest mistake and it will be thrown out, but who is to say that the ones filed on the 2nd July haven't already been returned.

I trust USCIS inspite of what happened last month. If USCIS says that they are now going to accept the same applications that they were supposed to have rejected on July 2, USCIS should accept them. If they are properly filed, of course.

Mine was filed on July 2. No receipt notice yet but this is due to the volume of applications being received as explained in Question 18 of the July 23 FAQ released by USCIS.

http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

And I checked with three other of my sources this afternoon, and they still all say that I am correct.

What you are not understanding is how the US processed the I-485. It is its own petition, and is not the EAD or anything else. But is called the Adjustment of Status petition, meaning that once it is submitted, the visa that were under fails to exist. It is cancelled by immigtration that is why if you wish to travel out of the US, then you must get the I-131, the Advanced Parole as you no longer have a valid visa. If your H4 was valid, then you would not need the I-131. Think about that.

It is not a point of dual intent or anything else. In order to even be able to go the AOS route, you have to be in the US on another valid visa. You cannot adjust a visa if you do not have one to begin with. So all that are wishing to go thru AOS must be in the US on a non-immigrant visa to begin with.

You are free to do as you please, but I am just being honest with what happens. Your attorney gets paid for completing and filing your petition, it does not matter to them if it gets denied.

And I do suggest that you go back and read the notice that immigration posted back on July 2nd, and it states that they will not accept a petition if it is not complete 100%, and not having the VSC with the I-485 is automatic for it getting returned to you.

The other key factor that you are not paying attention to is that immigration was forced into accepting petitions for visas that do not exist at this time. There is nothing that says that they need to approve all petitions, they are going to be extremely picky on this.

And do you already have the I-140 submitted? If it was not done before the 31st, you will be unable to submit the I-485. This is not the place to argue with me, I do not gain anything from you doing as you please. I am just trying to save some from making big mistakes and having to deal with the consequences later on.

They are not accepting any that were submitted prior to July 17th. They issued a statement to that effect already. Anything that was submitted on July 2nd is being returned.

Do not expect to get a receipt for that petition, but expect for it to be returned. And how was it filed on July 2nd if they were not accepting them? It means that yours was mailed then, not hand delivered. So therefore no receipt was issued at all. That is where the other part of the problem is.

The bulletin states that they will only accept them from July 17th, and since they are forced to do that, they are going to be very picky. Remember that there are no visas available.

You are free to hope and wish but as I stated above, your attorney gets paid on the fact that they got the petition completed, not that it is approved, or anything else.