Hello,
After my wife (H-1B) filed I-140/I-485 (Oct 2006), I (H4, valid till 2009, wife's H1 is valid till 11/2009) received EAD approval in Dec 2006,
I (H4) started to work by using EAD from Jan 2, 2007. On May 8, 2007, we received I-140(including I485) denial letters.
We filed a motion to reopen and reconsideration for I-140 denial. During that time, I continue using that EAD for work (the EAD is valid from Dec 2006-Dec 2007)
In late October, 2007, I filed application for H4=>H1, and on November 30. 2007,I received H1 approval notice. (I was not being asked by USCIS to go aboard for re-stamping H1).
The USCIS denied our Reopen and Reconsideration for I-140 again later in March 2008.
Now a company sponsor me to apply for EB2 green card.
Generally understanding, when you use EAD, your status is in adjust of status (AOS) and when your I-140/I485 are denied,
you lose your status.
My question:
1. How will USCIS understand the period from May 8-November 30, 2007?
During that period, I have a I-140 reopen and reconsideration pending case --does this mean legally staying in US? (even it is denied again later, I think it is, right?)
My wife's H1 is still valid till 2009, so her H1 is still OK even I-140 is denied. so my H4 should be vaild...but... work by using EAD means in AOS...
I worried about that in the future, in the stage of waiting for I-485 approval, How does USCIS think my work/visa status between May 8-Nov 30,
(--however, it is over 180 days)?! I don't know how USCIS uderstand this period....?
2.
If this is a problem (the USCIS think it is illegal or possiblely think it is a problem), now do I had better go home country/re-entry US once to get a new I94 to clean up the past mess?
if yes, However, I am over 180 days, is that possible that I can not come back ? (some people say illegal work(--if assumed it is) doesn't mean illegal presence, so I don't have over 180 issue)
Thank you