Expert Advice When You Need It Most

What are the options after an appeal for H4 extension has been denied while the I485 is pending?

Asked over 2 years ago - Doral, FL

We filed for H1B and H4 renewal in June 2008 and RFE for initial evidence was sent in January 6th, 2009 for my husband's H4, but we did not receive it. The I539 was denied on May 6th 2009; an appeal was then filed and it was denied on June 29.
We filed for H1B and H4 renewal on June 20th, 2009.
What is my husband's status and which are our options? Will he have to leave the country or can he stay based on the pending I485?

These are the datails:
I entered the US in 2001 with an H1B; my husband with H4.This has been our status so far renewing almost every year.
Priority date May 8, 2003, as EB3.
I140 & I485 concurrently filed March 23, 2009;
H4 denied May 6 '09
I140 approved June 12, 2009;
I485 pending.
EAD's received May 15th, 2009.
AP in process. fingerprinted.

Flag

Save

Share with:

Attorney answers (2)

Arvin Gomez Amatorio

Reputation Level 7

Answered over 2 years ago. Immigration Attorney in New York, NY.

Flag

If your husband has a pending I-485 as your derivative, he can stay in the US and wait for his green card assuming he has all the eligibility. The denial of his H4 did not affect his pending I-485

Mark as good answer

1 person marked this answer as good

Add comment

Sandra Renata Calderaro

Reputation Level 13

Answered about 2 years ago. Immigration Attorney in Miami, FL.

Flag

As long as his residency application was pending, the denial of the H4 should not affect whether or not he can remain in the country. In fact, he can work using the EAD's you received in May of 2009. He would not have worked as an H4. Please note that if he travels overseas, he must make sure that he is eligible to use the advance parole document. He may also still be eligible to obtain an H4 visa (if your H visa application filed on June 20, 2009 was approved) at the consulate abroad if he needs to travel.

You should speak with an immigration attorney before he travels overseas.

Please feel free to contact us should you need any clarification.

Best regards,

Renata Calderaro, Esq.
The Calderaro Law Group
Immigration Attorneys
12550 Biscayne Blvd., Ste. 800
Miami, Florida 33181
305-938-8391 Telephone
305-938-8392 Facsimile
212-335-4920 Venezuela
rcalderaro@visamiami.com

Follow us on Twitter: RenataCalderaro
LinkedIn: www.linkedin.com/in/RenataCalderaro

This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify this office by telephone at (305) 938-8391.

Esta comunicación es de carácter confidencial y esta amparada por el secreto profesional y se dirige exclusivamente al destinatario indicado. Todo lector del presente mensaje quedará debidamente notificado que la divulgación, modificación, reproducción o uso de la información aquí contenida por cualquier otra persona que no sea la indicada como destinataria del mismo, queda terminantemente prohibida. Si usted no fuera la persona a la que el presente mensaje esta destinado, le agradeceremos nos lo informe a la brevedad respondiendo a la dirección del remitente y elimine de su sistema el mensaje recibido. Muchas gracias.

Environmental Awareness Please print only if necessary

Mark as good answer

Add comment