RFE on I485 because H4 not filed
I came to the US on an F1 and wife on F2 in Aug 98. The F2 was valid till May 2000. When I started work in June 2000, my first company lawyer applied for H1, but didn't apply for H4. When I changed my job in Feb 2002, the new lawyer transferred my H1 and applied for H4, which were both approved in Aug 2002. Neither one of us have left the country since our arrival.
We'd applied for concurrent I-140/485 in Aug 2004. My I140 is approved. I've now received an RFE for my wife asking for proof of legal stay I797/I20/IAP66/I94 between the period of May 2000 and Aug 2002. Her I94 is the one from her F2, which doesn't have an end date.
1 Answer from Attorneys
Re: RFE on I485 because H4 not filed
Your wife likely has D/S written/stamped on her I-94 meaning that she is legally in the United States for the F1 visa holder's duration of stay. She may stay in the U.S. as long as the principal F-1 visa holder maintains valid status. She loses her status once the principal applicant loses F-1 status. Therefore, when the H1 visa was applied for and the H4 visa was not, and the F1 visa had expired, your wife fell out of status.
THis is not legal advice. Please call our office to arrange an inteview if we can help you. Best of luck! (301) 279-8773
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