回複:緊急求問各位老師:485 被拒 怎麽辦

The law said, "Unless the Service directs otherwise, the filing of a motion to reopen or reconsider or of a subsequent application or petition does not stay the execution of any decision in a case or extend a previously set departure date."

This means that the "decision " of your I-485 cannot be stayed because of MTR. Your I-485 is still denied and NOT PENDING. You cannot continue to enjoy any incidental benefit pursuant to I-485 pennding. So you cannot use/apply AP after you file MTR. If your wife loses her H-1B because of the approval of her I-485, you will lose H4 and be out of status. But you may stay until the final adjuducation of your MTR even after you lose your H4 status.

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回複:回複:緊急求問各位老師:485 被拒 怎麽辦 -dannywhite- 給 dannywhite 發送悄悄話 (120 bytes) () 10/12/2008 postreply 08:26:24

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