Please help with H4 extension application denied.

I filed my H4 extension application 3 months ago and received a denial notice today. USCIS notice says that the reason of denying my case is that I am not qualified for this immigration benifit because I used AP to enter USA last year with a I485 case pending, which is true.

I can live with this. But the problem is with the following sentences in the USCIS notice:

"The decision resulting in the denial of Form I-539 leaves the applicant without lawful immigration status and is not present in the United States in violation of the law. The applicant is required to depart the United States within 30 days from the date of this decision, or be subject to removal proceedings. ...... "

Am I now out of status while my I485 is still pending? Do I really need to leave United States with 30 days? I think my status is AOS.

Any information on this issue is really appreciated. Thx.

P.S.
{I guess my this message also clearly answers the questions related to the relationship of H1/H4 and AP. If you use AP, your H1/H4 is not valid anymore!}

所有跟帖: 

Xiaobaitu and other experts, please provide infor. -MappleStory- 給 MappleStory 發送悄悄話 (0 bytes) () 06/18/2007 postreply 10:10:58

回複:Please help with H4 extension application denied. -toosad- 給 toosad 發送悄悄話 (258 bytes) () 06/18/2007 postreply 11:16:21

是否曾用過EAD工作?你先生的H1-B還有效嗎?也被拒了嗎? -秋林- 給 秋林 發送悄悄話 (0 bytes) () 06/18/2007 postreply 16:58:41

回複:Please help with H4 extension application denied. -starry-china- 給 starry-china 發送悄悄話 (123 bytes) () 06/18/2007 postreply 19:21:36

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