回複:APPEAL?

回答: APPEAL?chineserose9992012-04-08 00:00:20

老師,情況是這樣的,我在美國,我是中國大陸出生,我先生在德國,德國出生,我NIWEB2的140已經批了,為了避免排期,我給我自己FILE了485,同時給我先生FILE了824表,去年11月FILE上去的,移民局收下了,我也拿到了EAD/AP卡,也打了指紋,等了五個月,今天突然收到移民局把CASH了的我的485和824表的申請費寄了回來,但網上還是INITIAL REVIEW,

-If your spouse was in US and both of you filed I-485s together, your I-485s would have been OK using the visa cross-chargeability rule. I am not sure whether it is OK for you to file I-485 and file I-824 for your spouse. 

我也還沒收到任何NOTICE,因為我4月30日就被LAYOFF,

-AS I said, you just try to find a job. Because your I-94 does not expire yet, normally you will have no trouble. If your new H1 approval has no I-94 due to the status gap, you just go to China, Canada or German to get the H1 visa to come back

所以我想在收到485 REJECTION NOTICE前,我應該還是AOS身份,對嗎?

-Your status has never been AOS because your I-485 was rejected (not accept) even if you do not get the rejection letter yet (equal to that you have never filed I-485).

我想在收到NOTICE以後,讓律師APPEAL行嗎,不求能贏,隻求能讓身份保持合法,好找工作,這樣行嗎?

-Because your I-485 and I-824 cases were rejected, not denied, you can not file appeal. However, I still suggest you to consult with an immigration lawyer whether you can use the coss-chargeability rule by filing I-485 and I-824 together and then, file it again with justification after you get the rejection letter (normally USCIS will return all of your application materials).

Another suggestion is that your hu*****and may come to US using a visa (e.g. H4 visa after you find a job or B1/B2 visa), then both of you can file I-485 together.

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