dayong3452008-08-06 01:57:55
sdfsdfsdff 大侠:

我极大可能被layoff〉90%, 485 被拒:unknown, pending>180.

根据老师的建议是, 我应该让spouse and son go back to China if 4 mon AOS doesn't matter. And they get new stamp on their new H1/H4 to change their status from AOS to H status again and come back.
if 4 month AOS will not impact their current 485, do they will get the H visa easy in Shanghai?

我想网上许多朋友有类似情况,自从CIS memo s 245(k) 公布以来。好多朋友都在想是不是让拿EAD工作的spouse 重新签回H status, even have to go back China for re-active?

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这是原帖:my wife and son: H4 expired on May-2008, did not do extension, 485 pending, (I'm principle applicant), both have AP. my wife is using EAD for work and will have new H-1 (non-cap) in Sep-2008, both of them need to back to China to active H-1/H-4.

Questions: my wife, does H4-AOS(EAD 4 month)-H1(active in China) will invalid her pending 485?

my son: does H4-AOS(H4 expired 4 month)-H4 (Active in China) will invalid his pending 485?

先谢谢各位大侠,问这个问题是因为我最近极大可能被layoff and 485 被拒. 所以想让配偶及儿子保持独立身份。

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这是sdfsdfsdff 大侠的回答:
Their I-485 will be fine as long as your I-485 is fine.
so, if 我最近极大可能被layoff and 485 被拒, the problem is in your "485 被拒"part, when your 485 被拒, their 485 MUST also 被拒.