GCfromMD Posted November 5, 2011 Report Share Posted November 5, 2011 Hi - My wife applied for H1 to H4 in the month of May and got an RFE in August. Attorneys responded to RFE in August (they have proof of UPS receipt that USCIS received it) well before due date. On 11/4 we got a denial notice from USCIS citing the reason that they didn't receive the response for RFE. She has a valid I-94 (for H1B) until SEP 2012 and also she stopped working on H1 B after we received initial receipt notice of H4 petition. As our priority date is current (ofcourse after years of waiting) we will be applying for both of 485's this month. Considering this scenario what would be my best option Option1: Motion to reoopen MTR takes any where between 6 to 18 months. Will this delay her GC approval? Option2: File a new H4 petition. Will this cause any problems with here GC application? If I go with option 1, what would be her status from the denial notice until the date of filing MTR? Also what would be her status from the filing of MTR until approval? Will filing MTR delay the AOS for her I-485? If I go with option 2, what would be her status from the denail notice date to the date of re filing? Will this delay her AOS for I-485? Is it possible to file both MTR and a new H4 petition (basically execute both option 1 and option 2) Will this H4 issue prevent me from filing 485 applications for my wife and I? (our PD is current and attorney plans to file them next week) Any help is very much appreciated. Thank you Like This Unlike ipb.global.registerReputation( 'rep_post_98935', { domLikeStripId: 'like_post_98935', app: 'forums', type: 'pid', typeid: '98935' }, parseInt('0') ); Back to top Link to comment
Belle Posted November 7, 2011 Report Share Posted November 7, 2011 I would file an MTR and I-485. MTR does not take that long to do. In either case, your wife is not out of status for over 180 days, so there should not be any issues with her I-485. Link to comment
GCfromMD Posted November 7, 2011 Author Report Share Posted November 7, 2011 Belle - Thanks for your response. I spoke to my attorney today. They will file 485 this week and MTR next week (or as soon as possible). Based on discussion with my attorney my wife's status will be AOS (basically not out of status) once the 485 is filed. Can you let me know if this is correct? Thank you for your time. Link to comment
Belle Posted November 7, 2011 Report Share Posted November 7, 2011 Pending AOS does not provide status, only authorized presence. So, she will be out of status, but legally present. Link to comment
GCfromMD Posted November 13, 2011 Author Report Share Posted November 13, 2011 Belle - My attorney filed the 485 and will be filing the MTR the week of 11/14. Will this process cause any problems with the approval of 485 for my wife. Thank you Link to comment
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