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
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