485 approved...stamping question

G

g35user

New Member
Folks,

Got mine and my wife's 485 approval on Nov 3rd. Quick question to the gurus -

My wife had accumulated some illegal stay and we had applied for a new I-94 some time back. We sent in her original I-94 but the INS denied the extension. We were expecting a RFE or NOID in her case but, suprisingly, INS approved her case.

Since we had sent her I-94 earlier to the INS for the extension application, we do not have her I-94. Is this going to be a problem when we go for stamping? please advise..

thanks!!
 
When you go for stamping, officer maybe ask I-94, then maybe there is a problem. It depends...

What is the reason to apply new I-94? Apply new H4? When the denied 1-94 extension happened? What are you and wife current status and old status? What are those illegal stay? When your wife applied I485, what was her status at that time?
 
Basically, I changed jobs and my lawyer did not inform me that I needed to file a separate extension for my wife who was on H4. Current status, we both are on EAD and when she applied for 485, she was out of status
 
If officer ask I-94, show EAD instead of I-94, don't let the officer pay too much attention on it, you will be fine. Anyway, if the out of status period is not too long, should be no problem.
 
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