09/29/2005 my hu*****and cocurrently filed his NIW 140 and 485 applications and his I140 was approved a month later. At that time we were not married.
03/27/2006 He changed his job and started using EAD card.( before this, he worked for a university with H1b)
03/29/2006 I entered the US with H4 ( I passed the visa interview on 02/16/2006 when my hu*****and still held H1b) We were not aware that his EAD card would invalidate my H4 status. besides my I94 was stamped with an expriation date of 05/15/2006 by the custom office and was told I need to extend my H4 status.
05/01/2006 I filed I539 to transfer from H4 to F1.( we tried to file before 05/15/2006, the stamped date on my I94)
08/23/2006 we received notice of intent to deny from USCIS
09/12/2006 My hu*****and submitted a EB1b application to keep my status. I submitted my first I485 application based on his EB1b.
09/18/2006 Just after we submitted the applicaion, my lawyer wrote a letter to USCIS to withdraw my I539 application
06/11/2007, when the priority date of my hu*****and's NIW became current, I submitted my second I485 application based on his NIW 140 which was approved on 10/2005.
04/03/2007 my hu*****and filed a I129 for H1b and got approval notice in September. Since we are not in non-immigrant status, we need to go back to Beijing to activate both H1 and H4. Up till now, this H1b has not been activated.
01/07/2008 my hu*****and's EB1b 140, 485, and my two 485 applications were all denied. The USCIS linked both of my 485 to his EB1b, though we claimed in the cover letter and the applicaion form that the second I485 was based on his approved I140 application.
That is the brief schetch of the last two years. Except my I539,we diyed all other applications after consulting a lawyer. Now I started wondering whether the lawyer gave us good advice since the case became complicated.
Could you give me some thoughts on the case? What should I do next?
03/27/2006 He changed his job and started using EAD card.( before this, he worked for a university with H1b)
03/29/2006 I entered the US with H4 ( I passed the visa interview on 02/16/2006 when my hu*****and still held H1b) We were not aware that his EAD card would invalidate my H4 status. besides my I94 was stamped with an expriation date of 05/15/2006 by the custom office and was told I need to extend my H4 status.
05/01/2006 I filed I539 to transfer from H4 to F1.( we tried to file before 05/15/2006, the stamped date on my I94)
08/23/2006 we received notice of intent to deny from USCIS
09/12/2006 My hu*****and submitted a EB1b application to keep my status. I submitted my first I485 application based on his EB1b.
09/18/2006 Just after we submitted the applicaion, my lawyer wrote a letter to USCIS to withdraw my I539 application
06/11/2007, when the priority date of my hu*****and's NIW became current, I submitted my second I485 application based on his NIW 140 which was approved on 10/2005.
04/03/2007 my hu*****and filed a I129 for H1b and got approval notice in September. Since we are not in non-immigrant status, we need to go back to Beijing to activate both H1 and H4. Up till now, this H1b has not been activated.
01/07/2008 my hu*****and's EB1b 140, 485, and my two 485 applications were all denied. The USCIS linked both of my 485 to his EB1b, though we claimed in the cover letter and the applicaion form that the second I485 was based on his approved I140 application.
That is the brief schetch of the last two years. Except my I539,we diyed all other applications after consulting a lawyer. Now I started wondering whether the lawyer gave us good advice since the case became complicated.
Could you give me some thoughts on the case? What should I do next?
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