I am the primary applicant in I-485 applications.
My wife recently got a REF requesting all the previous F-1 and H-1b document.
Due to misunderstanding happened when my wife first got her F-1 (transferred from F-2), she was out of F-1 status for approximately one year (during the one year, she was in school studying, but didn't to transfer her F-1) . This happened from 2000 to 2001. She later on reinstated her F-1 status with the help from her school immigration office. Then she filed I-485 togather with me on 2003. Still waiting for visa available to us.
My lawyer give us two choice:
1. don't respond, meaning give up current I-485 for my wife. My wife still have her H-1b valid, she can travel on her H-1b and reentry on H-1b. Refile I-485 based on the new entry.
2.Respond with current material. USCIS will then know about my wife's out status situation. They may reject my wife's case right now or they may overlook this. But once they deny it, it will have impact on future filing. Is this true?
I am curious that doesn't USCIS already knows everything. What difference does it make if we respond and been rejected and then my wife doing an reentry based on H-1b and refile.
Any comments are appreciated!
Thanks in advance!
weigoodone