Legally Complicated Cases - Discussion

[vizcard]

Hi,
I have filed 485 in Jan 2012 and my dependent got RFE last week, and my case status is initial review, i thought before processing dependent application they first process primary, does this mean my case is pre-adjusted.

Thanks,

I wouldnt worry about the online case status. If your dependent got RFE it means that they are actively working your file. Whether or not they have adjuditicated it is anyone's guess.

whats your RD and PD ?

[Kanmani]

Myself and my spouse got our H1b/H4 extension on Sept2011, On Nov 2011 my spouse got her H1B approval through a consulting firm, but she didn't start going for job as it didn't realize so far, for the same reason they are not running payroll. On Feb 2012 and we applied I485 AOS and employer's lawyer put her current status as H4, we were told her status should be H4 as she is not on payroll.Now we got EAD and planning to take a job which may realize in near future. Question is

as she didn't get pay stubs is she out of status by now ?

if she is out of status due to not running payroll on H1B (based on the last action rule) what could be the reason for the lawyer telling us her valid status is H4?

if so is there a way we can visit to consulates in Mexico or Canada and renter using her H4 extension papers that way automatic re validation would kick in ?

Is there any issue to use EAD to apply for a job?

JJ
As per the last action rule her current status is H1b, eventhough she is not in the payroll of the employer. She is out of status too.

[JJcalifornian]

Did H1 approval for your wife came with new I-94 attached?

Yes, it came with I94 attached with a new date which is 3 year from the date of approval.

[tatikonda]

Myself and my spouse got our H1b/H4 extension on Sept2011, On Nov 2011 my spouse got her H1B approval through a consulting firm, but she didn't start going for job as it didn't realize so far, for the same reason they are not running payroll. On Feb 2012 and we applied I485 AOS and employer's lawyer put her current status as H4, we were told her status should be H4 as she is not on payroll.Now we got EAD and planning to take a job which may realize in near future. Question is

as she didn't get pay stubs is she out of status by now ?

if she is out of status due to not running payroll on H1B (based on the last action rule) what could be the reason for the lawyer telling us her valid status is H4?

if so is there a way we can visit to consulates in Mexico or Canada and renter using her H4 extension papers that way automatic re validation would kick in ?

Is there any issue to use EAD to apply for a job?

1) She is still in H1 Status.
2) I believe employer's lawyer is telling you guys that she is in H4 status based on a) You may not submit her W2 for 2011 2) based on his/her office documents (previous), in which you might have mentioned her status as H4.

I am guessing based on my Exp - I am working for a MNC company and My company applied for my H1 and my wife's H4 in 2008, later in 2009, we applied for H1 for my wife, I haven't informed to my employer's office about my wife's H1. Documents at my lawyers office is showing as H4 until recently.

[JJcalifornian]

1) She is still in H1 Status.
2) I believe employer's lawyer is telling you guys that she is in H4 status based on a) You may not submit her W2 for 2011 2) based on his/her office documents (previous), in which you might have mentioned her status as H4.

I am guessing based on my Exp - I am working for a MNC company and My company applied for my H1 and my wife's H4 in 2008, later in 2009, we applied for H1 for my wife, I haven't informed to my employer's office about my wife's H1. Documents at my lawyers office is showing as H4 until recently.

Thanks tatikonda,

In fact I did point out that she is on H1B, not on H4 and send across the H1B approval copy as well but they were insisting that her valid status should be H4. It didn't come to my mind to tell them about the last action rule.

[henrylarry6]

It can be possible that your case is pre-adjusted, you should go to the good lawyer and discussed this openly with him, he will give you good suggestions if your case is pre-adjusted.

[miller]

I think your case is re-adjusted and they are working on your file.The results will be in your favor and you should wait until the final decision.I personally think that your case is correct and will be revived according to the law.