Tweet
I need an urgent help for my wife's status.
Background)
Currently, I hold H-1b and I-94 valid until May 2015.
My new company didn't file a H4 application, so my wife's H4 expired on 11/30/2012.
We filed I-485s for myself and my wife on Sep 2011 when I had a valid H1 and she had a valid H4.
I work on my H-1, my wife doesn't work at all.
My I-140 petition (NIW) was approved last December 2012.
But my I-485 was rejected a week ago, Sep 2013. My wife's I-485 is still pending under initial review.
The reason for I-485 rejection was very complicated and this is not important here.
We will file new I-485s for myself and my wife. This will solve all problems.
She is now legally staying in the US because of her pending I-485, but we are worried there is a good chance that her I-485 can be rejected soon
Question 1) is this true that when the principal I-485 gets rejected, dependent I-485s’ get automatically rejected soon?
Question 2) Can we simply file an I-539 to renew the already expired H-4? I guess not, but if we have a good lawyer it may be possible to get a Nunc-Pro-Tunc extension. Or, it can be easier, because she currently has her I-485 pending, which justifies her lawful stay in the mean time.
Question 3) Forget about H-4 renewal. Can she just file another I-485? But she doesn't have a valid I-94. She's in the US because of the old I-485, which is pending. Does it make sense at all filing another I-485 when there is a I-485 still pending?
Question 4) Forget about H-4 stamp. Can she just get out of the US and reenter, and get a new H4 I-94 based on my valid H-1b? Simply, she can fly to Mexico and fly back for this. Can she reenter at all? She has an expired H4 stamp, and she doesn't have a travel document (Advanced parole).
Question 5) If she applies for I-131 (Travel/AP) to ensure a safe reentry, is there going to be high chance that USCIS finds out my pricipal I-485 has been denied so they reject my wife's I-485 immediately?
Question 6) If nothing else is possible, she really need a H-4 stamp and she needs to visit an embassy outside the US. Because she has been under AOS since her H4 expiration, there will be 3-year limit bar or something that may prevent her from reentry, once she gets a valid H4 stamp?
Thank you so much in advance. This is very urgent.
Background)
Currently, I hold H-1b and I-94 valid until May 2015.
My new company didn't file a H4 application, so my wife's H4 expired on 11/30/2012.
We filed I-485s for myself and my wife on Sep 2011 when I had a valid H1 and she had a valid H4.
I work on my H-1, my wife doesn't work at all.
My I-140 petition (NIW) was approved last December 2012.
But my I-485 was rejected a week ago, Sep 2013. My wife's I-485 is still pending under initial review.
The reason for I-485 rejection was very complicated and this is not important here.
We will file new I-485s for myself and my wife. This will solve all problems.
She is now legally staying in the US because of her pending I-485, but we are worried there is a good chance that her I-485 can be rejected soon
Question 1) is this true that when the principal I-485 gets rejected, dependent I-485s’ get automatically rejected soon?
Question 2) Can we simply file an I-539 to renew the already expired H-4? I guess not, but if we have a good lawyer it may be possible to get a Nunc-Pro-Tunc extension. Or, it can be easier, because she currently has her I-485 pending, which justifies her lawful stay in the mean time.
Question 3) Forget about H-4 renewal. Can she just file another I-485? But she doesn't have a valid I-94. She's in the US because of the old I-485, which is pending. Does it make sense at all filing another I-485 when there is a I-485 still pending?
Question 4) Forget about H-4 stamp. Can she just get out of the US and reenter, and get a new H4 I-94 based on my valid H-1b? Simply, she can fly to Mexico and fly back for this. Can she reenter at all? She has an expired H4 stamp, and she doesn't have a travel document (Advanced parole).
Question 5) If she applies for I-131 (Travel/AP) to ensure a safe reentry, is there going to be high chance that USCIS finds out my pricipal I-485 has been denied so they reject my wife's I-485 immediately?
Question 6) If nothing else is possible, she really need a H-4 stamp and she needs to visit an embassy outside the US. Because she has been under AOS since her H4 expiration, there will be 3-year limit bar or something that may prevent her from reentry, once she gets a valid H4 stamp?
Thank you so much in advance. This is very urgent.
