Accruing of 180 days out of status. After I-94 expired or I140/485 rejection date?

K

keepingup

Registered Users (C)
From what date one starts accruing out of status days? Is it after their I-94 expires or after I140/485 is rejected?

In my case I-94 expired in 02/15/05 (was in H-4 status before this)
I140/485 denied 06/22/05 (was filed before I-94 expired)

No status after 06/22/05

Thanks

DD
 
ChinnaKmm said:
Based on the information I have from different legal experts, it is date after I140/I485 denial.
Click to expand...

Thanks ChinnaKmm !!

Any idea if we can file for H4 extension from US if we are out of status for <30 days?

Also, if I appeal/MTR will the EAD and AP become active until the appeal is denied? Which means my spouse can get back to status for some time and apply for H4 from within US.
 
After I140/485 Expires

Consulted Attorney Rajiv Khanna and he said days start accruing after I140/485 was denied only if this was filed before H4 expired.

INS Immigration Officer on phone said the same.

keepingup said:
From what date one starts accruing out of status days? Is it after their I-94 expires or after I140/485 is rejected?

In my case I-94 expired in 02/15/05 (was in H-4 status before this)
I140/485 denied 06/22/05 (was filed before I-94 expired)

No status after 06/22/05

Thanks

DD
Click to expand...
 
My understanding is it is difficult to get H4 now, but when you file for MTR then your spouse is in legal status then you can file H4 based on pending I485.

Talk with good attorney, they can help you out.. every thing is possible if we can spend money.. I suggest Sheela Murthy or Rajiv Khanna
 
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