The H1B and H4 renewal applications for the year 2008-09 were received by the CIS July 2008. My husband's H4 expired on August 20 2008; an RFE for the 2008-09 H4 renewal was sent on January 6 2009 which he never received, never replied to: the case was denied on May 6 2009. Case appealed and appeal denied. Denial letter received on July 6 2009.
Priority date May 8 2003 EB3
I140/I485 concurrently filed March 23 2009/TSC
I140 approved June 12 2009;
I485 pending as of March 23 2009
EAD's received in May 2009
AP in process. fingerprinted
Filed for H1B and H4 renewal in June 2009.
Is there a gap in my husband's status between the date the H4 expired August 20th 2008 and the day the denial letter was sent (May 6th)? If there is how can it be reinstated and how does this affect or AOS?