Thanks Pjiang!
1. My hu*****and applied H1b in 04/2007 when he was using his EAD card. He got the approval notice in September 2007 and was required to go back to Beijing US consulate to activate the H1b. My H4 visa can only be attained through consulate process. Afraid of being denied by VO, we haven't gone back to China yet.
2. We DIYed my I 485 application last year. I still have the copy of I485 form and the cover letter I include in the application package. All my documents were sorted according to this cover letter. I believe we clearly claimed that the I485 application was based on NIW. Normally what other evidence we need to prove that the applicaiton was based on NIW insead of EB1b?
3. We have one more concern. I was out of status 165 days before I submitted my first I485 based on EB1b and another 8 months went by before I submitted the second I485 based on my hu*****and's NIW. In this situation, do I still qualify the 243(k)? What should I do?
Please give us your opinions in the case. Thanks in advance.
1. My hu*****and applied H1b in 04/2007 when he was using his EAD card. He got the approval notice in September 2007 and was required to go back to Beijing US consulate to activate the H1b. My H4 visa can only be attained through consulate process. Afraid of being denied by VO, we haven't gone back to China yet.
2. We DIYed my I 485 application last year. I still have the copy of I485 form and the cover letter I include in the application package. All my documents were sorted according to this cover letter. I believe we clearly claimed that the I485 application was based on NIW. Normally what other evidence we need to prove that the applicaiton was based on NIW insead of EB1b?
3. We have one more concern. I was out of status 165 days before I submitted my first I485 based on EB1b and another 8 months went by before I submitted the second I485 based on my hu*****and's NIW. In this situation, do I still qualify the 243(k)? What should I do?
Please give us your opinions in the case. Thanks in advance.
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