Experts Please Help..485 DENIED

suggestion

If you have a valid H4 till 2003 then your new I-94 should be on that, right? So why don\'t you send your wife\'s passport again to St.Louis and get it stamped. Remember you have only 1 year after the old visa expires in your passport to do this. So you have to send it before the end of this month. When she is not out of status 245(i) does not apply to you and you dont have to pay the fine.
 
Here is another case. Experts please help.

My husband\'s company filed his H1B before his OPT expired. Unfortunately his company didn\'t receive the approval notice before that expiration date. My husband stayed home. He didn\'t work and didn\'t get any pay until he got the approval notice. Now there is a gap between the ending date of OPT and the starting date of the H1B. So how I can understand this period time. I got a REF asking me to provide information for that period. Any inputs are very appreciated. My lawyer is sleeping. I couldn\'t get any help right now.

PD: 2/3/99 RD:12/8/00 ND:12/13/00 LIN:01-055
 
No Title

I am not sure what OPT is, but if I guessed right, you are OK if you file for renewal BEFORE expiration. You need proofs like
mailing receipt, tracking etc.
 
suggestions

First find out if he was out of status. Was the receipt date of H-1 filing before the OPT expiration date? You can explain this to INS in your reply letter. Talk to your lawyer. If he was out of status, do not worry. You can file 485 supplement A,+$1000 fine and attach the receipt notice of your 485 filing and send it back to INS for 245(i) consideration. On the other hand if he has travelled outside the US since the last time he was out of status and since his last re-entry if he has maintained his status or has been out of status less than 180 days combined then he qualifies under 245(k). In this case you don\'t have to pay the $1000 fine. Hope I didn\'t confuse you. sorry :). Good luck.
 
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