awaiting for EAD after H1b approval without I-94

[damodharanl]

I have applied for EAD in TSC on June 30th 2010. They send the receipt notice stating July 2nd 2010. I had my H1b visa upto June 30th 2010. My new employer
submitted my H1B and my wife's H4 petition on July 20th. I got H1b approvel notice without I-94 and the H4 was denied. The uscis stating that we have to depart the US.

Whether can we stay with my I-140 and I-485 petition pending for approval. I am wondering whether the stay is going to affect the I-140 and I-485 approval. If I get my EAD whether can I start my work.

Please relpy

[bayarea07]

Sorry this sounds confusing,can you be more detailed here
- You said that your H1 was approved but USCIS states that you have to depart US,what does that mean
- Please elaborate on your case more for us to help you

Originally Posted by damodharanl

I have applied for EAD in TSC on June 30th 2010. They send the receipt notice stating July 2nd 2010. I had my H1b visa upto June 30th 2010. My new employer
submitted my H1B and my wife's H4 petition on July 20th. I got H1b approvel notice without I-94 and the H4 was denied. The uscis stating that we have to depart the US.

Whether can we stay with my I-140 and I-485 petition pending for approval. I am wondering whether the stay is going to affect the I-140 and I-485 approval. If I get my EAD whether can I start my work.

Please relpy

[damodharanl]

The USCIS approved my H1B but the did not kept I-94 in the approvel notice. To join the work I need to have valid I-94. To get the valid I-94 I have to go to india for stamping.

[bayarea07]

Thanks That make sense, but why was H4 denied.
USCIS might have not sent I-94 in error so you might want to talk to your lawyer about this
as he would be able to give you the best advice

Originally Posted by damodharanl

The USCIS approved my H1B but the did not kept I-94 in the approvel notice. To join the work I need to have valid I-94. To get the valid I-94 I have to go to india for stamping.

[damodharanl]

Thanks for your reply.

Actually the USCIS clearly stated that "The beneficiary has failed to maintain his or her nonimmigrant status and is therefore ineligible for the requested extension of stay. Accordingly, the request for extension of stay is denied". Although we are at AOS but they never considered that.

[sunnymit]

Originally Posted by damodharanl

Thanks for your reply.

Actually the USCIS clearly stated that "The beneficiary has failed to maintain his or her nonimmigrant status and is therefore ineligible for the requested extension of stay. Accordingly, the request for extension of stay is denied". Although we are at AOS but they never considered that.

If they didn't send you the "updated" I-94 with your H1B approval, then yes, you will need to go for stamping. I guess thats why they denied the H4 visa as well.

I strongly suggest you consult a lawyer before making any plans.