Advice needed on CP. Kdivekar, RAJU595, Rajeev Kumar, bvganesh and other seniors plea

J

jalabalajings

Registered Users (C)
Friends,

Finally I cleared the first hurdle (LC). I have asked my lawyer to mention CP while filing I-140. Since you guys have more than sufficient information, thought to post this question.

My H1 visa stamped in my passport is valid till 1st November 2004. My I-94 was valid until 1st June 2003. But since I had my 797 that was valid till 1st November 2004, I know that I am not out of status.

Since I was ignorant of the laws, in my wife's and daughter's case I made a mistake. My wife has a valid visa till 1st November 2004 but her I-94 expired on 15th February 2003. I did not file for her H4 since I was not aware of the rules.

Similarly, in my daughter's case her visa expired in July 2002 but her I-94 was valid till 15th February 2003. Again in her case I did not file for her H4.

In May 2003, I finally noticed my mistake. So I traveled with my family to Ottawa, Canada and got my Daughter's visa stamped and the validity is till 1st November 2004.

At the port of entry when we came back, we did not have any problems and all three of us were given new I-94's. The validity of these I-94's are till 1st November 2004.

My question is, will this create any problem for us when we go to the CP process?. Can this be rectified?. Suppose I don't opt for the CP process and file I-140/I-485 concurrently, will this again be a problem at the final stages.

I am in a dilemma whether to go for CP or not because of this.

My second question is, what should I do with the I-94's that came with the 797 petition. I changed around 4 companies after coming to the US and went back to India once. I handed over the I-94 that was attached to my passport but did not give them the I-94's that was attached to 797. Would this create a problem again in CP?. Can I hand these I-94's at the port of entry when I am going for the CP process.

Shed some lights on these issues and your suggestions are welcome and appreciated.

Thanks,
Dave
 
Status violations are more of a problem at AOS...

Browse Ron Gotcher's website for some interesting discussions. In essence, if you are going to be denied a visa at CP, your chances are even higher for a rejection at AOS. In your case, your wife and child exceeded the I 94 time limit, but you have corrected that before the overstay extended beyond 180 days- which would have made them ineligible to reenter US for a 3 year period. I would not worry about this too much- people with far more serious problems have sailed thru CP. Good luck.Check with your attorney.:)
 
I totally concur with Rajeev on all the points. Also as suggested by him consult your attorney before proceeding with cp option.

Be assured that reasons for rejection for CP are the same reasons for rejection in AOS.
 
jalabalajings,

I too concur with Rajeev. The rejection for CP would also hold good for AOS (I-485).

Here are my thoughts: (again consult a lawyer)

1. I94 is only a proof to establish that you entered the country legally and departed legally. So I would expect questions on that during CP.

2. If your visa had expired (not the expiry of the stamping on the passport) and you had stayed in US, they there could be some problems at CP and you could possibly expect few questions on that by the immigration officer. But if your H1 was valid all through and just that you didn't get the stamping for your dependents (H4) on their passport, that wouldn't be a big issue at CP either.

Hope this helps.

Cheers,
Ganesh.
 
KDivekar, bvganesh and RajeevKumar

Thanks very much for the suggestions and info. Still no one answere my second question.

For your reference I am posting it again :

My second question was, what should I do with the I-94's that came with the 797 petition. I changed around 4 companies after coming to the US and went back to India once. I handed over the I-94 that was attached to my passport but did not give them the I-94's that was attached to 797. Would this create a problem again in CP?. Can I hand these I-94's at the port of entry when I am going for the CP process.

Shed some lights on these issues and your suggestions are welcome and appreciated.
 
Re: KDivekar, bvganesh and RajeevKumar

Originally posted by jalabalajings
Thanks very much for the suggestions and info. Still no one answere my second question.

For your reference I am posting it again :

My second question was, what should I do with the I-94's that came with the 797 petition. I changed around 4 companies after coming to the US and went back to India once. I handed over the I-94 that was attached to my passport but did not give them the I-94's that was attached to 797. Would this create a problem again in CP?. Can I hand these I-94's at the port of entry when I am going for the CP process.

Shed some lights on these issues and your suggestions are welcome and appreciated.
Click to expand...

The I-94 that comes with the extension is useful only if you continue to say beyond the period of exipiry of the Original I-94. If you got a new I-94, don't bother about the one that came with I-797. (I just kept mine with 797 form as I didn't find any use for it.)

This would not create any problem.

Hope this helps you.

Cheers,
Ganesh.
 
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