WHAT HAPPENS WHEN YOU WANT TO RE-FILE AFTER WITHDRAWING A PETITION?

[lolita777 0]

i withdrew my i130 petition for my husband. He has been denied his i485 based on this, but hes already received his employment card, travel card and social security number. he even has a job here. we have decided to resubmit the documentation within 30 days which is the time he has we were told. do we have to submit all the documents to do another employment permit and travel (a new alien number) or does it remain valid while we are again in proceedings for i130 and i 485? we have a 8month old baby which was born in the usa. we were married in spain

[belinda63 3,038]

When the I-485 was denied the EAD and AP became invalid. These documents are based on the I-485 so when that is denied everything else is cancelled.

You will need to resubmit the entire packages for the I-130 and I-485 and if his medical is more than one year old he will need a new one. You will have to apply for EAD and AP as the old ones are no longer valid. Since the I-485 was denied he has been in overstay status since his I-94 or VWP expired. If he has been in the US for more than 180 days since he was supposed to leave he will have a ban and I would suggest not trying to use the AP.