About our I-94 wrong date problem
Hi,
I have a some compilacated file. I hope you guys help me for this.
I won Dv-Lottery 2009 and choose AOS and My number Current in this month. I have a H-1B visa and My wife' and my two daugter's have a H-4 Visa and i changed my company on May. When i prepare my cover lotter i realized that my wife's and my two daugter's I-94 has a incorrect year. (My I-94 has a correct date). Their year should be start 2008 and but they have written 2009. So My wife's and my two daugter's seems out of status right now. We went to USCIS local office and talked the situation about I-94 and they said "this is a type mistake and we try to correct it but this takes a couple months." Also USCIS officer at Local Office said this is type mistake and it souldn't be any problem. Because we know your visa date and our guys understand this.
If we wait the correct I-94 it takes may be 3 months so i wonder should i sent our files with wrong I-94's and cover letter about explanation situation ? Or Should we wait 3 months and sent our files ?
Thank you for your advice.
Hi,
I want to inform you that my problem is solved. We went to USCIS local office in Santa Ana on January 6. We told the story and the USCIS officer helped us so much. He said "this is our type mistake and i will help you for fixing this". Nearly 10 days later I-797C notice of action came. On January 19 corrected approval notice came to my lawyer.![Smile :) :)](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)
Thank you.
Hi,
I have a some compilacated file. I hope you guys help me for this.
I won Dv-Lottery 2009 and choose AOS and My number Current in this month. I have a H-1B visa and My wife' and my two daugter's have a H-4 Visa and i changed my company on May. When i prepare my cover lotter i realized that my wife's and my two daugter's I-94 has a incorrect year. (My I-94 has a correct date). Their year should be start 2008 and but they have written 2009. So My wife's and my two daugter's seems out of status right now. We went to USCIS local office and talked the situation about I-94 and they said "this is a type mistake and we try to correct it but this takes a couple months." Also USCIS officer at Local Office said this is type mistake and it souldn't be any problem. Because we know your visa date and our guys understand this.
If we wait the correct I-94 it takes may be 3 months so i wonder should i sent our files with wrong I-94's and cover letter about explanation situation ? Or Should we wait 3 months and sent our files ?
Thank you for your advice.
First and foremost consider talking to a legal professional. Now that that is said I can share my opinion on this situation:
If I were you I would file as normal. In my AOS package I would include a copy of my original I-94 and a copies of the H-1B/H-4 approval notices (I-797A I belive) including the I-94 that comes attached to the i-797A. If they dispute the filing they will contact you and you can explain it then, otherwise avoid creating issues where probably no issues exist. I'm just saying...
Hi,
I want to inform you that my problem is solved. We went to USCIS local office in Santa Ana on January 6. We told the story and the USCIS officer helped us so much. He said "this is our type mistake and i will help you for fixing this". Nearly 10 days later I-797C notice of action came. On January 19 corrected approval notice came to my lawyer.
Thank you.