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

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.

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.

This is the last post that I am making on this topic:

If a petition is returned immediately for what ever reason, then immigration also returns the fee that was enclosed.

However, if they take a look at it and review it, and then deny it because it did not meet the requirements, the fee is not returned, and you will be paying the fees all over again.

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Each is entitled to their own opinion, I was asked for mine and I gave it. And based on what I have seen over the years. And if an H-4 renewal is in processing, it means that it is not current that day, and therefore the visa is not current to be adjusted. That was the point of this thread in the first place. Not meant to be a place to try and correct things that I have posted. I still stand by what I have written.

I do not get paid for the volunteer time that I put in here, just very tired of nurses getting taken advantage of. If you want to listen to what I have written great, if you do not wish to read them, you can put me on ignore and then you do not need to read them.

And there are good and bad attorneys, the same way that there are good and bad surgeons. Some just like to collect fees, they get paid each time that they file, if denied, they still get paid.

And when immigration comes out and states that they are only accepting a completed file, and this is because there are no visas to begin with, they are not going to waste their time and energy with RFEs. Just because an attorney told you that it was okay, does not mean that it will happen. Have seen it way too many times before.

Please let me know when you actually get a letter from immigration and what it states. I wish I would not be proved correct, but only time will tell.

This is the last post that I am making on this topic:

If a petition is returned immediately for what ever reason, then immigration also returns the fee that was enclosed.

However, if they take a look at it and review it, and then deny it because it did not meet the requirements, the fee is not returned, and you will be paying the fees all over again.

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Each is entitled to their own opinion, I was asked for mine and I gave it. And based on what I have seen over the years. And if an H-4 renewal is in processing, it means that it is not current that day, and therefore the visa is not current to be adjusted. That was the point of this thread in the first place. Not meant to be a place to try and correct things that I have posted. I still stand by what I have written.

I do not get paid for the volunteer time that I put in here, just very tired of nurses getting taken advantage of. If you want to listen to what I have written great, if you do not wish to read them, you can put me on ignore and then you do not need to read them.

And there are good and bad attorneys, the same way that there are good and bad surgeons. Some just like to collect fees, they get paid each time that they file, if denied, they still get paid.

And when immigration comes out and states that they are only accepting a completed file, and this is because there are no visas to begin with, they are not going to waste their time and energy with RFEs. Just because an attorney told you that it was okay, does not mean that it will happen. Have seen it way too many times before.

Please let me know when you actually get a letter from immigration and what it states. I wish I would not be proved correct, but only time will tell.

This is what I know from reading various websites like USCIS, immigration forums, law firms newsletters, etc:

For H1 and L1 and their derivatives, their status is called dual-intent status. Dual intent because they are allowed to be on two intentions: non-immigrant and immigrant at the same time. Once they applied for permanent residency (AOS), they are not losing their non-immigrant status (H1 or L1). However, if they applied for EAD and used it, their status becomes "AOS pending". If they applied for AP and used it, their status becomes "Parolee".

However, the catch is this: there is no way the USCIS can detect that the EAD is used unless it was audited during the I-9 audit. So there are some who escape this part and be able to renew their H1 or L1 or derivatives. Use of AP is easily detected and therefore, the status as per USCIS record becomes "Parolee".

Most of those with H1 Visa do not use EAD while those in H4 uses it because H4 alone is not allowed to work. So most of those in H4 applies for EAD and use it. However, another catch is this: If their espouse maintains the H1B status, he/she can easily have the H4 stamp back in their home country....no questions asked.

Unlike H, L visa, F and B visa do not allow to have immigration intention. Therotically, once immigration petition has been filed, F visa is considered invalid and if 485 is denied, the person need to leave the country immediately.

You are really lucky in one way. I know many schools Inernational offices will withdraw students from SEVIS system once they learn an immigration petition has been filed. But they do not constantly check. In any case, getting a new I20 will be impossible once I140/485 has been filed.