Filed I-485 & I-140 concurrently with my dependents as OUT OF STATUS

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PINOYinLA

Registered Users (C)
Anyone with the same situation and had no problem???

I am a married man with a wife and 4 kids (16yo, 14yo, 10yo and 8yo) as my dependents.

Been in the US for more than 6years now and this year is the last year of my H1B. During the 2nd renewal of my H1B, I didnt renew any of my dependents since it will cost me alot with my lawyer and eventually forgot to renew them until their I-94 expired. Are they considered out of status now tho my I-94 is in status still???

Recently filed 485 and 140 concurrently last July 27th tho my dependents are out of status. Just had our FP sched last Sept. 27th (all of us).

Will there be a problem that their I-94 expired tho mine is current? Is there a penalty that I can just pay for now so they will be in status again.
 
PINOYinLA said:
Anyone with the same situation and had no problem???

I am a married man with a wife and 4 kids (16yo, 14yo, 10yo and 8yo) as my dependents.

Been in the US for more than 6years now and this year is the last year of my H1B. During the 2nd renewal of my H1B, I didnt renew any of my dependents since it will cost me alot with my lawyer and eventually forgot to renew them until their I-94 expired. Are they considered out of status now tho my I-94 is in status still???

Recently filed 485 and 140 concurrently last July 27th tho my dependents are out of status. Just had our FP sched last Sept. 27th (all of us).

Will there be a problem that their I-94 expired tho mine is current? Is there a penalty that I can just pay for now so they will be in status again.
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You have to provide dates of expiry of the I-94, date arrived to US, Date you applied the Labor. It could be a real problem. If you give more data it can analyzed
 
will that be a reason for denial??? since their i-94 is showing it expired almost 2 years ago? we had our fingerprinting last week so we are thinking we are safe already. am i right?

FEEDBACK anyone.. pls.????
 
PINOYinLA said:
will that be a reason for denial??? since their i-94 is showing it expired almost 2 years ago? we had our fingerprinting last week so we are thinking we are safe already. am i right?

FEEDBACK anyone.. pls.????
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I am afraid but its likely. Please talk to your attorney and talk soon before USCIS sends you notices at home asking everyone ( except u ) to leave.

There is some protection for folks less than 6 months out of status, but nothing for more than 6 months. In homeland security's book, this is a serious offense. Sorry, but this is not looking good to me.

Good luck!
 
thats what my other friends are saying too... that we might get an RFE regarding the I-94 of my dependents. If we do get a notice for them to leave the country, will that trigger a 10 year ban since theyve been out of status for almost 2 years now.

Also in our medical test, the doctor, who is a in the list of authorized doctors of INS, didnt give us any shots. He just asked us to sign the paper and me and my dependents went home after signing it. No check up done, no shots, no xray.

any comment or feedback about this?
 
PINOYinLA said:
thats what my other friends are saying too... that we might get an RFE regarding the I-94 of my dependents. If we do get a notice for them to leave the country, will that trigger a 10 year ban since theyve been out of status for almost 2 years now.

Also in our medical test, the doctor, who is a in the list of authorized doctors of INS, didnt give us any shots. He just asked us to sign the paper and me and my dependents went home after signing it. No check up done, no shots, no xray.

any comment or feedback about this?
Click to expand...

Generally USCIS authorized doctors would give 2 envelopes, one for your record and one for USCIS. The one you have, is yours, you can open it and verify if everything is correct ( in the correct checkbox ) and check any comment from doctor. You are fine, as long as doctor says you have all the shots done and you are fine from those diseases listed in the form.

At the end of it, what matters is not the truth but what you can prove is the truth.

Do nothing 'USCIS' is catching up with 'USCIS Doctors' also, just DO NOTHING. :o
 
I actually dont worry about the medical exam bec the doctor filled up the form right as if we had our shots taken and everything, im worried about the I-94 issue on my dependents.

Is USCIS that critical and very observant regarding paperworks? is there a chance that it can slip thru an immigration officer/reviewer's eyes and not notice that my dependents are out of status when i filed for i-485 and i-140????
 
Nunc Pro Tunc

PINOYinLA said:
I actually dont worry about the medical exam bec the doctor filled up the form right as if we had our shots taken and everything, im worried about the I-94 issue on my dependents.

Is USCIS that critical and very observant regarding paperworks? is there a chance that it can slip thru an immigration officer/reviewer's eyes and not notice that my dependents are out of status when i filed for i-485 and i-140????
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Don't want to scare you, but it is a problem.....

Especially while filing the I-485, filer should be in Non-Immigrant status.... Here all your family should have H4....

First thing is, they are not eligible to file I-485....You will get a hit of RFE soon regarding this....

Secondly.... your family is over staying two years.... it counts the last I-94 expiry date to present or atleast RD of your I-485....they will be subject to x years bar....

But, there will be some light....you can try with prominent immigration attorney....

check this link....
http://www.murthy.com/news/n_nunpro.html
 
i like getting all info i can get here so to prepare myself and my family. Hoping that they won't give us rfe on that and maybe slip thru their eyes and still get approved.
 
any other advise or inputs of what will happen with my family and my adjustment of status? MORE info please...
 
How about our application for WORK AUTHORIZATION... are we going to have a problem there too? or is that totally separate and can be approved even if my wife and children are out of status....

Please lemme know...
 
my PD is mid 2002. I got here in the states Feb 2001 and didnt find an employer to sponsor for work until 2002.
 
Hey PINOYinLA,

I saw your other post regarding getting EAD Cards.
Did you got it for all of your family members? If Yes, Congrats a Lot, I Hope we and all who has problem with their Dependents' Status, get thru this tough situation.

Is it required to have the Medicals Done before you get the EAD? I have received my FP, and asked my lawyer If i should do the medicals now, he said, no, we will get the RFE for that and than we will do it.

Please reply me if anybody has any idea.

Thank You.
 
usdreams78,

Your attorney is right. For EAD, you do not need medicals. As USCIS goes through your file, they will find out that the medicals are missing and issue and RFE. At that time, you can go in for medical exam.

Wish you good luck.

Sail1
 
Thank you sail1 for your reply.

PINOYinLA, please reply if you received the EAD Cards for your whole family or just for yourself.

Thank You.
 
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