. How will USCIS understand the period from May 8-November 30, 2007?
During that period, I have a I-140 reopen and reconsideration pending case --does this mean legally staying in US? (even it is denied again later, I think it is, right?)
-Yes, you are right and you did not have status problem.
My wife's H1 is still valid till 2009, so her H1 is still OK even I-140 is denied. so my H4 should be vaild...but... work by using EAD means in AOS...
I worried about that in the future, in the stage of waiting for I-485 approval, How does USCIS think my work/visa status between May 8-Nov 30,
(--however, it is over 180 days)?! I don't know how USCIS uderstand this period....?
-Because Your H1 status was approved, that means USCIS has ignored your AOS effect on H1 application and thus, your future I-485 will not be affected by this matter. So, do not worry about that.
2.
If this is a problem (the USCIS think it is illegal or possiblely think it is a problem), now do I had better go home country/re-entry US once to get a new I94 to clean up the past mess?
if yes, However, I am over 180 days, is that possible that I can not come back ? (some people say illegal work(--if assumed it is) doesn't mean illegal presence, so I don't have over 180 issue)
-You have no unlawful presence yet.
During that period, I have a I-140 reopen and reconsideration pending case --does this mean legally staying in US? (even it is denied again later, I think it is, right?)
-Yes, you are right and you did not have status problem.
My wife's H1 is still valid till 2009, so her H1 is still OK even I-140 is denied. so my H4 should be vaild...but... work by using EAD means in AOS...
I worried about that in the future, in the stage of waiting for I-485 approval, How does USCIS think my work/visa status between May 8-Nov 30,
(--however, it is over 180 days)?! I don't know how USCIS uderstand this period....?
-Because Your H1 status was approved, that means USCIS has ignored your AOS effect on H1 application and thus, your future I-485 will not be affected by this matter. So, do not worry about that.
2.
If this is a problem (the USCIS think it is illegal or possiblely think it is a problem), now do I had better go home country/re-entry US once to get a new I94 to clean up the past mess?
if yes, However, I am over 180 days, is that possible that I can not come back ? (some people say illegal work(--if assumed it is) doesn't mean illegal presence, so I don't have over 180 issue)
-You have no unlawful presence yet.
