Rfe : H4 & I-94

R

rituy

Registered Users (C)
We just realised that I was out of status for more than one year from
April 2001 to August 2002. Here is what happened.

Entered US on H4 Jan 2001, Husbands H1 was valid till April 14th 2001,
So I94 was issued till April 14 2001.

Husband's company Applied for his H1 Extention and didnt apply for my
H4
( not sure about this, its an assumption as I dont have H4 for this
period, and I can't verify, the previous company and the attorney's
office doesn't exist anymore).

Husband got H1 approved. We were under the impression that If husband
is
in status, I am in status by default.

We send our passports to St Louis for Visa stamping in October 2001, we
got the visa stamped on December 14, 2001.

Husband changed employer in August 2002. The new employer applied for
Husbands H1 and my H4. The date on H4 approval is August 2002 to April
2003.

I travelled to India in October 2002, and came back in Jan 2003. I have
maintained status since. Also, I travelled to India and got my Visa
stamped in July
2003 ( Validity july 2003 to April 2004).

so, I was out of status from April 15 2001 to August 2nd 2002 ( H4
approval date ) or October 10 2002 ( date I travelled outside of usa).
This is not clear, either way it is more than a year.

Also, I have travelled on Advance parole in Nov 2004 and Dec 2006.

The RFE is asking for legal stay in USA. Not sure how serious this is ?

Will they deny my I485 ?

What happens if they deny my petition ?

Any thoughts ??????

PD : 10/10/2002
I485 application date: 12/03/2003
 
Google Search For: Nunc pro tunc

rituy said:
We just realised that I was out of status for more than one year from
April 2001 to August 2002. Here is what happened.

Entered US on H4 Jan 2001, Husbands H1 was valid till April 14th 2001,
So I94 was issued till April 14 2001.

Husband's company Applied for his H1 Extention and didnt apply for my
H4
( not sure about this, its an assumption as I dont have H4 for this
period, and I can't verify, the previous company and the attorney's
office doesn't exist anymore).

Husband got H1 approved. We were under the impression that If husband
is
in status, I am in status by default.

We send our passports to St Louis for Visa stamping in October 2001, we
got the visa stamped on December 14, 2001.

Husband changed employer in August 2002. The new employer applied for
Husbands H1 and my H4. The date on H4 approval is August 2002 to April
2003.

I travelled to India in October 2002, and came back in Jan 2003. I have
maintained status since. Also, I travelled to India and got my Visa
stamped in July
2003 ( Validity july 2003 to April 2004).

so, I was out of status from April 15 2001 to August 2nd 2002 ( H4
approval date ) or October 10 2002 ( date I travelled outside of usa).
This is not clear, either way it is more than a year.

Also, I have travelled on Advance parole in Nov 2004 and Dec 2006.

The RFE is asking for legal stay in USA. Not sure how serious this is ?

Will they deny my I485 ?

What happens if they deny my petition ?

Any thoughts ??????

PD : 10/10/2002
I485 application date: 12/03/2003
Click to expand...
Google Search For: Nunc pro tunc
And see this for approval
http://www.murthy.com/news/n_nunpro.html
 
I'm in a similar situation. The only difference being that I have not yet filed 485. My wife's Nunc Pro Tunc is pending and I'm searching for alternates if the case gets denied.
 
I'm not sure how they didn't catch it when you travelled to India. On 1 year overstay, a 10 year bar applies. You were lucky that you made it back in.
 
Let me know what happens about ur case??
am i eligible for nunc pro tunc too?

i travelled 3 times in and out of this country.

i have an appt with murthy lets see what she says..
 
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