Hi,
Could some one help me with my wife's case. Please please reply urgently we are tensed...
Here below I am giving you the details of my wife's H4…
1) She came to US in - Feb 2007 and got the visa and I-94 until - May 17 2008.
2) I have changed my employer in June 2007 and filed H1 transfer. At that time my employer did not file for H4 extension.
3) In July 2007, we filed, I-140 and I-485 for me and my wife.
4) On Nov 10 2008, we filed for my wife Change Of Status.
5) On Dec 5 2008, my I-140 got denied and also I-485 of mine and my wife got denied.
6) On May 6 2009, my wife's COS filed on Nov 10 2008, is denied. (Denial notice gives the reason as -- Your nonimmigrant status expired on May 17 2008 and filed this application on November 10, 2008. It is noted you have an I-485 Application to Adjust to Permanent Resident Status filed with USCIS. This filing allows you to remain in the United Status in period of authorized stay until a final decision has been made on your I-485 application. It does not however give you any type of valid nonimmigrant status)
I have questions,
1) What are the options we have?
(a) Filing appeal/MTR for COS denial
(b) Go to India and get stamped.
2) Does she come under - staying illegal for more than 180 days. Because
Her I-94 expired on - May 17 2008 . Her I-485 got denied on Dec 5 2008, means she automatically fall into her previous status i.e. H4 which was expired on May 17 2008.
OR
Is she staying legally, because she filed her COS on Nov 10 2008 before her I-485 got denied on Dec 5 2008 .
Thanks Very Much in Advance...
Could some one help me with my wife's case. Please please reply urgently we are tensed...
Here below I am giving you the details of my wife's H4…
1) She came to US in - Feb 2007 and got the visa and I-94 until - May 17 2008.
2) I have changed my employer in June 2007 and filed H1 transfer. At that time my employer did not file for H4 extension.
3) In July 2007, we filed, I-140 and I-485 for me and my wife.
4) On Nov 10 2008, we filed for my wife Change Of Status.
5) On Dec 5 2008, my I-140 got denied and also I-485 of mine and my wife got denied.
6) On May 6 2009, my wife's COS filed on Nov 10 2008, is denied. (Denial notice gives the reason as -- Your nonimmigrant status expired on May 17 2008 and filed this application on November 10, 2008. It is noted you have an I-485 Application to Adjust to Permanent Resident Status filed with USCIS. This filing allows you to remain in the United Status in period of authorized stay until a final decision has been made on your I-485 application. It does not however give you any type of valid nonimmigrant status)
I have questions,
1) What are the options we have?
(a) Filing appeal/MTR for COS denial
(b) Go to India and get stamped.
2) Does she come under - staying illegal for more than 180 days. Because
Her I-94 expired on - May 17 2008 . Her I-485 got denied on Dec 5 2008, means she automatically fall into her previous status i.e. H4 which was expired on May 17 2008.
OR
Is she staying legally, because she filed her COS on Nov 10 2008 before her I-485 got denied on Dec 5 2008 .
Thanks Very Much in Advance...
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