robinmcool

hi I am not an attorney, but USCIS had published an update on this question is to check why denial and RFE, maybe the I 539 application for extension did not reference the corresponding application I129 extension correctly ? maybe marriage certificate was not attached ? hopefully something simple best to check with your HR / Attorney search internet for 1) "COVID-19 Delays in Extension/Change of Status Filings" and go to the result from uscis dot gov from 04/13/2020 which I think says that as long as a valid good cause application was filed timely, you should be good. 2) "USCIS Finds New Way To Stop H-1B Spouses From Working" go to result on forbes dot com there is an article by Stuart Anderson in my opinion USCIS separated processing of H1B and H4 in bad faith

The pandemic must have been hard on USCIS employees just like anyone else. Does anyone know if USCIS is adding processing capacity to make sure the 120,000 Family Based numbers added to Employee Based do get used up in this fiscal year (Oct 2020 to Oct 2021) ? Even receipt notices have been delayed. Without added capacity they may not be able to process all the additional numbers available in this year and we would be back to square one ...

Similar situation same employer since 2010, EB2 Priority Date Same Employer Feb-25-2011. HR/Legal decided to first file for AoS when there was advancement, I would liked them filing H1/H4/EAD extensions back in sept I485s, I765s (GC EAD) and AP applied Nov-02-2020 downgrade to EB3 (no receipts as of Nov-22) H1 H4 and H4 EAD expiring end of Feb-28-2021, extension applied to VSC/EAC Nov-10-2020 (receipts received last week) - 4 to 6 months lead time shown on lead times page - not sure if H1 and H4 and H4 EAD processed at same time or one after other - could potentially expedite but will likely need to expedite all 3 for H renewal or AoS - unknown if H4 -EAD approval notice can be used for I-9 after 12/31/2020 ... H4 is employed by School District (Government). Not sure if things will come in time or need to terminate and hire or expedite to avoid the mess and pay $$. - I assume that once approved, H4 could use either EAD to work. But too many ifs and buts if EADs do not come in by end of Feb