Effect on I-485 due to expired I-94

H

HelpOnI94

Registered Users (C)
My spouse has recently received Notice of Intent to Deny I-485 due to expired I-94 from UCICS.

Her initial H4/ I-94 expired on 05/02 while she was in US and got it revalidated from St.Louis Visa office on 06/02 using my H1 Visa(we were not aware of processing H4 document along with my H1 at that time, so she did not get any new I-94).

Her I-485 was filed on 08/03 along with mine and We got EAD, AP with in 2 months and we have been using them, getting renewed for last 2 years). She went to India in 04/04 and reentered US a 06/04 using Adv Parol. At this time she got the new I-94 and paroled till 06/05.

In 06/06, She got RFE on I485 for evidence of her H4 status during the period from 05/02(H4 expiry date) to 08/03(the date I485 aplied). We have responded with her H4 Visa stamping proof on 06/02 and all the I-94s( from 03/00 to 05/02) and (06/04 to 05/05).

Now she got a Notice of Intent to Deny her I-485(leading for 10 year bar) saying insufficient evidence and asked for any evidence of valid H4 document or I-94 for period 05/02 to 08/03, allowing 30 days time.

Please let me know if any one has got similar kind of situation and the possibilities/ different ways to proceed on this.
Thank you for your quick help in advance.
 
HelpOnI94 said:
My spouse has recently received Notice of Intent to Deny I-485 due to expired I-94 from UCICS.

Her initial H4/ I-94 expired on 05/02 while she was in US and got it revalidated from St.Louis Visa office on 06/02 using my H1 Visa(we were not aware of processing H4 document along with my H1 at that time, so she did not get any new I-94).
-------------- her I-94 expired on 05/02 and she revalidated H4 visa stamp on 6/02 Visa stamp is NOT status she needed to file H4 extension with USCIS before the date her I-94 got expired. her stay in US after the I-94 expiry date was illegal

Her I-485 was filed on 08/03 along with mine and We got EAD, AP with in 2 months and we have been using them, getting renewed for last 2 years). She went to India in 04/04 and reentered US a 06/04 using Adv Parol. At this time she got the new I-94 and paroled till 06/05.
--------------she did not enter on H4 status she was Paroled
In 06/06, She got RFE on I485 for evidence of her H4 status during the period from 05/02(H4 expiry date) to 08/03(the date I485 aplied).

We have responded with her H4 Visa stamping proof on 06/02 and all the I-94s( from 03/00 to 05/02) and (06/04 to 05/05).
--------------visa stamp is not proof of her status. I-94 validity is the status. did not your lawyer checked her I-94 at the time of filing I-485? he/she might have dicoved that her I-94 is expired
Now she got a Notice of Intent to Deny her I-485(leading for 10 year bar) saying insufficient evidence and asked for any evidence of valid H4 document or I-94 for period 05/02 to 08/03, allowing 30 days time.

Please let me know if any one has got similar kind of situation and the possibilities/ different ways to proceed on this.
Thank you for your quick help in advance.
Click to expand...

*** was your LC filed before April 30, 2001?(just thinking about 245(i))
 
HelpOnI94 said:
Our 485 was filed in 08/2003 in EB3. Thank you.
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I am not asking the date I-485 was filed I read that in your first post.

I am asking the date YOUR LC was filed with state SWA
 
HelpOnI94 said:
My LC was filed in 09/2002.
----------- I wanted to know if you and your dependents are eligible for 245(i) and you or your dependents are not eligible for 245(i)
Her H4 expired in 05/02.
------------------ did not your lawyer who filed her I-485 checked her I-94 when her I-485 was filed?? you did mistake of not filing her H4 extensions on time
******go to VERY good lawyer find if the lawyer gives any option.
Thank you.
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