請教：I have read Pjiang's blog about I-539, but I have a complex case here for more help. Thank you for sharing or advising.
I am applying for H-1b, and will include my hu*****and and my kid.
My hu*****and entered U.S. with H-1b 7 years ago, but I came with F-1. In 2007 he changed to F-2. After the approval of F-2, he still ted both 140 and 485 together with application for EAD. He did use EAD till it expired. His I-140 application was rejected.
I did not join him in applying for GC, luckily. However, I did not report my hu*****and's GC application or use of EAD to the OIS at my school (I did not know I should). Later I renewed my I-20 together with my hu*****and's. So in recent two years, he has been on F-2.
Please look at Qg in Part 4:
"g. Have you, or any other person included in this application, been employed in the U.S. since last admitted or granted an extension or change of status?"
你或任何申請人有沒有在上次延期或更改身份之後在美國工作過？
My Qs:
1. Should I answer YES?
-If he has not left and reentered US yet since he worked using EAD, say "Yes".
2. If yes, should I report his working experiences while he held H-1b AND while using his EAD after he got F-2?
-Yes, he needs to report his working expeirence using H1 and EAD following the instruction in the form "3. if you answer "yes" to question 3g, fully describe....".
3. May I talk with the OIS, telling them the whole story, and ask for their help?
-Not need to tell your School OIS. It is not their business.
After your spouse get the H4, he had better go back to China to get the H4 visa to come back to remove his employment record usign EAD.
4. Was my hu*****and ever in OOS?
Any reply is appreciated.
I am applying for H-1b, and will include my hu*****and and my kid.
My hu*****and entered U.S. with H-1b 7 years ago, but I came with F-1. In 2007 he changed to F-2. After the approval of F-2, he still ted both 140 and 485 together with application for EAD. He did use EAD till it expired. His I-140 application was rejected.
I did not join him in applying for GC, luckily. However, I did not report my hu*****and's GC application or use of EAD to the OIS at my school (I did not know I should). Later I renewed my I-20 together with my hu*****and's. So in recent two years, he has been on F-2.
Please look at Qg in Part 4:
"g. Have you, or any other person included in this application, been employed in the U.S. since last admitted or granted an extension or change of status?"
你或任何申請人有沒有在上次延期或更改身份之後在美國工作過？
My Qs:
1. Should I answer YES?
-If he has not left and reentered US yet since he worked using EAD, say "Yes".
2. If yes, should I report his working experiences while he held H-1b AND while using his EAD after he got F-2?
-Yes, he needs to report his working expeirence using H1 and EAD following the instruction in the form "3. if you answer "yes" to question 3g, fully describe....".
3. May I talk with the OIS, telling them the whole story, and ask for their help?
-Not need to tell your School OIS. It is not their business.
After your spouse get the H4, he had better go back to China to get the H4 visa to come back to remove his employment record usign EAD.
4. Was my hu*****and ever in OOS?
Any reply is appreciated.
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