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Posted on 03 Oct 2009
Q.

Is out of status

Came to USA in 2001 on H1B. EB2 and Priority date Sept2005.140 approved in 2006.Filed I485 for myself and wife in July2007. RFE(Birth Cert) received for my wife. Lost the letter in mail and couldn't respond in 30days. 485 denied for my wife in 08/09. Filed 290B on 08/20/09.USCIS denied MTR. Is my wife out of status. Has H1 & H4 from X company only and expired in 10/2009. I joined to Y company on AC21/EAD and now moved to Z company on AC21/EAD.
1.Can we file another 290B.
2.Can we wait till our case becomes current(sept05) and refile 485 without worrying about status.
3.Is filing new H1 for me, so that wife get H4 good idea? and will it lead to RFE for my 485 as I didn't extend my H1 for Y and Z company.
4.What are the best options.
5.Will contacting Senator helps for MTR in our case.

User's Location: Milpitas, California, United States of America
Category: Employment-based Green Card
Posted on 05 Oct 2009
A.
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User_thumb_31_Photo_James_Mayock

James R. Mayock
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111

www.emvisa.com

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