Experts please help with complex I-94 AOS problem

T

tt tt

Registered Users (C)
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
 
hello ! thank you for the reply..

soo is it ok that one can go to canada when the COS is pending
if one can come back with the same I-94 ?
I mean the fact that the INS approved the petitioj is proof enough
to say that she is supposed to be in status, but since at the time
of AOS the INS might take a hard look at status during all times
I am concerned...
 
No Title

tt tt,

As "mad" wrote I don\'t see any problem so far regarding status. But one thing, probably your wife needs visa stamp in her passport with her new H1 and new Expiry date based on H1 to travel if H4 visa stamp expiring soon. Also ask her to carry I-485 receipt with her.

- PCee
 
good advice PCee ! will remember that

we got our AP\'s today, but when we plan to travel will carry the
I-485 receipts since both of us prefer to enter back on H1 status.
BTW got to compliment you on the new look of the website :)
 
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