回复：How to keep our I-485? Pjiang 等大师请出注意！

在appeal的denial notice 上说， 可以在30天内，motion to reopen or reconsider. 由于现在使用EAD工作，想做 motion to reopen or reconsider(移民局一年左右的审查时间), 虽然明知不可能成功，但是为了保全 I-485, 只能采取拖延时间的策略。希望在等待 motion to reopen or reconsider结果的一年多时间里， NIW 能current, relink I-485 到 NIW 上。 这是我们的想法，Pjiang大师给指点一下吧。
-This is a difficult choice to you. Hope your PD for NIW will be current during your EB1A appeal/MTR. The problem is that if your NIW PD is not current and your appeal/MTR is denied, you will have a big problem. Because you use EAD, your current status is AOS, not a non-immigration status. Thus, once your I-485 MTR is denied, your unlawful presence will be counted from the date of your I-485 denial (2 days ago) and your unlawful presence may be more than 180 days or one year which will make big trouble.

So, it is very risky to use EAD before your I-140 is approved. Can you ask your employer to sponsor you to change your status to h1? You can go out of U.S. to get H1 visa to get an H1 status so that you can work and wait for your NIW PD because your EB1A seems hopeless.

所有跟帖： 

• thank you! we didn't get I-485 denial notice. -3questions- ♀ (283 bytes) () 06/19/2009 postreply 12:21:55

• 回复：thank you! we didn't get I-485 denial notice. -863211- ♂ (482 bytes) () 06/19/2009 postreply 12:28:47

• On July, 2007, NIW was current for a short time, We did not -3questions- ♀ (219 bytes) () 06/19/2009 postreply 13:47:00

• 回复：On July, 2007, NIW was current for a short time, We did not -863211- ♂ (270 bytes) () 06/19/2009 postreply 14:08:52

• Thank you so much again! Have a great weekend! -3questions- ♀ (0 bytes) () 06/19/2009 postreply 15:27:34

• relink only happens when both your NIW and EB1a -liulangzhe- ♀ (72 bytes) () 06/20/2009 postreply 20:14:50