Reply

以下這種情況是不是肯定被拒？

1）我的老公在2014年11月底提交H4 to J1 的身份轉換，

2）我於今年六月底失業，所以H1b 工資單到六月底後就沒有了，我在失業前遞交了H1 to J2 的身份轉換，遞交時老公的 J1 還在pending

3）老公的 J1身份申請現在收到 rfe, 內容如下：

approval notice and evidence of maintaining status- I-129 beneficiary -h1b classification

USCIS requests that you submit a copy of the approval notice (form I-797) for the most recent I-129 petition for the H1b nonimmigrant worker filed on whom your application is based. USCIS also requests that you submit the following: 1) evidence of the three most recent pay statements to establish and /or verify that the beneficiary has been maintaining valid nonimmigrant status; and 2) a legible photocopy of the personal data pages of the beneficiary's passport showing the current expiration date.

4) 我的工資單到6月底結束，7月8月我和老公都是pending 狀態，都是沒有身份。我的工資單可以看出7月和8月，我老公沒有maintaining his H4 status, 所以這條 rfe 我老公是不是肯定通不過了？

-Is this RFE for your spouse J-1 or for your J-2 application?  I feel a little confused.

You may just provide the copy of your H-1 approval notice and copy of your H-1 I-94, and the paycheck stubs of your last 3 months (April to June) for his response to the RFE. Because he filed change of status from H-4 to J-1 before you lost your H-1 status (H-1 job), his J-1 should be approved should be approved based on the immigration law, and your J-2 also may be approved. If it is denied, your spouse may just file montion to reopen, or may just go to China to get the J-1 visa to come back, and same as you.