applying I485 after I94 expiry

[RR22]

My 6 years H1B period is expiring on 26th January 2004 and I have a valid I94 up to 5th February 2004.
I applied for 3 months extension claiming my vacation outside U.S.A.
I got a query form INS that, they need more evidence and they gave me time up to 27th March2004 to answer the query.
1) Can I answer my query after 22nd March 2004 but before 27th March 2004?
2) Can I stay after my I94 expiry date till I get a decision in my case?
3) If they deny my case after submitting the query what is my status after 5th February2004 till date
4) Meanwhile, if my wife's labor certification gets approved (expecting any time) will be eligible to apply I485, EAD and AdvanceParoll even after my I94 expiries, but before my H1 extension case gets decided.
5) Can I apply I485 after my I94 expiries as a dependent through my wife?
Please help me
Thanks

 

[jllag1]

Originally posted by RR22
My 6 years H1B period is expiring on 26th January 2004 and I have a valid I94 up to 5th February 2004.
I applied for 3 months extension claiming my vacation outside U.S.A.
I got a query form INS that, they need more evidence and they gave me time up to 27th March2004 to answer the query.
1) Can I answer my query after 22nd March 2004 but before 27th March 2004?

-- I would imagine you can. What is so important about March 22nd? You should try to answer as soon as you can.

2) Can I stay after my I94 expiry date till I get a decision in my case?

-- Yes you can. You will be "in a period authorized by attorney general" after you I-94 expires. But you will be not in status. You will simply not accumulate unlawful presence because of your non-frivolous EOS.

3) If they deny my case after submitting the query what is my status after 5th February2004 till date

-- If they deny your EOS before your I-94 expires, you will still be in status until your I-94 date. If they deny after your I-94 expires, you will be out of status from that day and will start accumulating unlawful presence.

4) Meanwhile, if my wife's labor certification gets approved (expecting any time) will be eligible to apply I485, EAD and AdvanceParoll even after my I94 expiries, but before my H1 extension case gets decided.

-- I would imagine you can. Just as an aside, have you thought about applying for COS to H4? You can file multiple applications, but only when you are in status. Once your I-94 expires, you will not be eligible to file for H4.


5) Can I apply I485 after my I94 expiries as a dependent through my wife?

-- Assuming your H1 EOS get denied, you will not be eligible for applying for AOS as you will be in unlawful presence (unless you apply on the very same day, tricky, check with your lawyer), but only if you are past I-94 expiry date. If your wife's labor cert get approved before your I-94 expires, you can apply for AOS and withdraw your EOS of H1. You will have to leave country and come back as your wife's dependent visa and than apply for AOS.

Please help me
Thanks

 

[Jim Mills]

Filing for a COS to H-4 buys nothing. If the 6 years for H-1B status has been reached the person is ineligible for H-4 status too since the same six year limit applies to both and all time in the US in H status counts toward that six year limit.

 

[jllag1]

Yep, you are right. Out of curiosity, can somebody get H4 based on spouse's labor cert/140 pending for more than 1 year? You know, the 7th year extension deal.