Help with dependents staying on after petitioning H1-B leaves country

[rajchand]

My friend obtained the receipt of his I-140 application, in August and his case is currently pending (EB-3)
His H1-B expired in June and he has left the country for the mandatory 1 year period.
But his family (wife and son) are still here, on a H-4.
His son is in 12th grade right now.
Is there any way that his family can stay on at this time, till the son finishes school.

Please advice.

Thank you very much
Raj

[txh1b]

They are out of status I guess. They should talk to an attorney.

[rajchand]

Thanks TX. Is there any way for him to apply for an EAD at this stage, for him and his family, that would enable them to stay back.

Thx
Raj

[txh1b]

What was his PD? If the PD is current, he should be in the US to apply for the 485. Why did he not file concurrently?

If his PD is not current, there are no options.

[rajchand]

Thanks again Tx. I have asked the necessary information that you have posted from him. Will post back here soon as he replies.
thanks again
Raj

[srini28]

If he got his receipt only in August, then the chances are that his priority date is in 2008, so he may not have been eligible to file for I-1485 and consequently, EAD.

They are all out of status actually, talking to an attorney ASAP is a must. They usually have workarounds, worst case, they may all have to leave for a year.

Srini

[rajchand]

Thanks Srini and Tx. You are right. Priority Date is April 2008.
Would you happen to have suggestions for a good immigration attorney in the Detroit Metro area?

Thx
Raj