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need help/case study: filing 485, WAS Out of Status

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  • need help/case study: filing 485, WAS Out of Status

    gurus,

    It's a complicated situation, please be patient to read it carefully, any answer wth professionalism is appricaited.

    here is the siutation:
    1, I'm filing 485 on derivative (spouse) status, my spouse have got LC, and we're going to file 140/485 cocurrently.
    2, I'm in H4 status now, changed from H1 in 2004.
    3, My last entry to U.S. is by H1 (work for XYZ company) in 2004.
    4, In 2003, I transfered from ABC company to XYZ company, since XYZ company did not provide the info to reponse the RFE in time, the H1 transfer was denied. My lawyer immediately filed another application for a new H1 (still with XYZ company), it got approved , but I have to go back to my country to get a visa stamp, because INS said I was out of status---there's a one month gap between the denial date and the new H1 filing date.

    in this case,
    1, should I file 485 supplyment form?
    2, should I seek help from act 245?

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