Experts please help: 485 filing and I-94 problem ?

T

tt tt

Registered Users (C)
Hello,

My wife and I filed 485 2 months ago. In the place where we have to list
last entry date and port of entry in the US, we listed buffalo, NY
since we had entered from Canada. Now upon entry the INS officer removed
our white I-94s ( which we had not submitted since we were in canada for
2-3 days ) and said that our I-797 approval noticesI-94 is the only valid
I-94, no stamp on the passport too.

In my wife\'s case she had just recived the I-797 H4-h1 approval notice
1 day ahead of our trip, but her job started 2 days after we re-entered.
So the lawyer listed the "status when entered the US" as H4 and current
status as "h1".

will this cause any problems for my wife as far as status is concerned ?

also now both of us do not have the white I-94 cards , will that cause
any problems ?

regards
tt tt
 
i-94

don\'t worry about the white 94s. The latest one with 797 is a valid one, and the officer told you the correct thing.

about your wife\'s status, it shouldn\'t be big problem as she was never out of status. If it is, at the time of RFE, this can be clarified.
 
hi! she was never out of status...

my question is does the H1 status kick in when the application
is approved or does it kick in when you join the job...we
listed it by the second criterion...entered on H4, even though
the H1 approval was in hand, and started the job so then the status
changed to H1.
 
one more question....

Immi007:
 
  My lawyer told me that I create a "problem" for him because while I went to Canada in Feb 2001(while my I140 was still pending), I didn\'t get a new I94 at the POE. There was no proof of my last date of entry to the States. (I gave him a copy of my boarding pass). I told him that the officer just took my first I94 (which has already expired). Do you think the officer will issue a new I94 when I came back from Canada even though my current I94 is valid till March 2002? My lawyer thought that I should ask the officer for a new one because he/she can "easily" forget to issue the I94. I am confused.
Do I need to get a new I94 whenever I came to US?
 
actually...

my lawyer said that they get this kind of \'no white i-94\' problem
all the time when people re-enter from canada, he said that in my
case they will attach my prev i-94s photocopy and an explanation
that when I entered from canada there was no new I-94 given.
 
Yes..

He did submit a copy of my original I-94 but I am not sure if he explains the "problem" in my application. Actually, I do think that immigration officer should stamp on the passport the date of entry whenever we travelled to the States (included Canada and Mexico).
 
I think he means if all should put in the info that my lawyer put in my application

about having no I-94 being received upon entering from canada.

I dont know what will happen, hopefully nothing , but I have kept
my greyhound ticket stubs to prove when I left the US and when I
came back from Canada
 
wife\'s case : H4-H1 status question ???

This is my wife\'s situation
1) Came to the USA on a H4 visa.
2) Filed for H4-H1 change of status.
3) while CoS was pending , visited canada for 3 days and came back
   with the samw I-94 card and no stamp on the passport.
4) Got approval for the CoS.
5) Visited canada after that , came back showing the new approval
   notice, at this time the INS officer removed the origianl white
   I-94 H4 status card and said that the I-797 notice\'s I-94 is
    the latest valid I-94, again no stamp on the passport.
6) Started working based on the approval notice, got SSN , paystubs etc.
7) applied for AOS ( as dependent ) in which the lawyer listed status
   of entry as H4 ( since the job had not really started then ) and
   current status as H1. port of entry as buffalo, from canada.

Now my question is : is she ok as far as status is concerned ?

regards
 
Case approved!!!

Thanks to all of you that shared comments and experiences during this long journey until appoval today!
God bless you all and do not loose your hope,your day is comming soon!
Check this tread out where I wrote about our experience in NYC...

http://boards.immigration.com/showtread.php?p=871289#post871289

I will be more than happy to answer questions about our interview in NYC today if you have any.

Many thanks and good luck to all of you!!!
Tata2003
 
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