my first i-485 (concurrently with i-140 pursuant to schedule a) was filed validly since i was on h4. however, my first i-485 was denied one year after its filing (unable to provide visascreen certificate). i did not renew my h4. my second i-485 was filed almost immediately after the denial of my first i-485. i have been working on ead in us since (two on the first i-485, one from the second).
i was told that my second i-485 was not filed properly, meaning i was not on nonimmigrant status at the time of second filing my i-485 and worst of all, 245(k) did not apply in my situation since the time when i was out of status was counted from the time when my h4 expired but not from the time the first i-485 was denied. is there an argument to make that the 180 days could be counted when the first i-485 was denied?
if you have similar situation, please share it here. or if there is such a thread, please let me know. unfortunately, this situation arises from concurrent filing of i-140/485 and the difficulty of obtaining visascreen certificate. what is the solution to this? what is your way out?
As I promised I am updating my AOS case. My application has been accepted by the USCIS and got the reciept number. It has not been returned as every one else afraid.
Thanks for all of your input and help.
lady123
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.
I think even one can change to dependent status by extending the H4/L2 without going out of US while on 'AOS pending/parolee' . Any way the dual intent previlege is not available for most other type of non immigrant visa.
lady123
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.
This is not true. As long as one maintains valid student status by complying with requirements for F-1 and does not use EAD/AP he/she should be OK.
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.
Could you name some of those schools? Filing for AOS is not a valid reason for termination of student records in SEVIS.
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.
One can remain in F-1 status even after I-485 was filed. There is no law that says that once AOS filed F-1 becomes invalid.
lady123
32 Posts
As I promised I am updating my AOS case. My application has been accepted by the USCIS and got the reciept number. It has not been returned as every one else afraid.
Thanks for all of your input and help.
lady123