H4/AP problem - Help Wanted!!!

S

shirubio

Registered Users (C)
Hi Guys,

I’m in need of your expertise today.
My wife returned yesterday from our country, and used her H4 (valid until 03/31/2003) to get into US.
She had the AP with her, and handed it to the Immigration Officer at Dallas, however, the AP was folded, and apparently the officer ignored it, as my wife does not understand immigration issues very well, she did not complained.

I am still employed to the same company that sponsored my H1.

Now, her I-94 will expire on 03/31/2003, and my questions are.
Was it OK to get in US with the H4, even if we are in AOS?
Is she out of status?
How can I get her another I-94 valid until 06/12/2003 (the AP expiration date)?

Thank you for any input on this.

---------
RD 11/15/2001
ND 12/10/2001
FP 03/22/2002
AD waiting…
 
She is OK. New rule says you can use H1/H4

to travel while AOS pending. So even after the I-94 expires she will NOT go out of status untill your 485 is adjudicated. but if you want to be safe, you can RENEW your H1 and simultaneously
renew her H4 by filing a I-539 (application to extend Non-Immigrant status). After your H1/H4 is approved, the I-94
automatically is extended. But the problem is it takes 3-4 months
these days to just extend H1(may be even more)

By the way I am assuming your H1 and I-94 expire on the same date as your Wife's I-94 and you are maintaining your H1 status

You can also try going to the Local INS centre and try to explain
and convert to AP .. dont know if they will agree but doesnt hurt
if you need it badly.

for all you know you could very well get an approval before
03/31 as your RD date is in November'2001 and looks like INS has started approving November cases.

Goodluck.
 
Dont need to use EAD(or AP) .... "H " visa in general

allows dual intent.. i.e she could still stay like a regular H4 person
regardless of whats happening with her I-485. And as you know
on H4 you cannot work so there is no question of having to use EAD.

Dig into Murthy.com you will find something related to this.
 
shirubio

No Need to Panic . She is in status no need to worry at all , since her H4 is valid upto 03/31/2003 I94 is given upto that date,
You Both will be status after that 03/31/2003 since Filed For AOS
You can use EAD after that Date provided you I485 is not approved by that .

I have used H1 to enter back to States with Pending I485 ,had AP but did not used to enter to save the hassle of going thru secondary inspection. Got Approved in October .

No need to go any where to extend the Date on Your I94 , In case you need to travel overseas before you I485 is approved use you AP
 
Thanks guys!!

I'll fell better now, and will not do anything now.
I'll wait until early March to do something, or we can just take a few days off in Canada and renew her I-94 when we came back.
But I hope our 485 will be approved by then.

---------
RD 11/15/2001
ND 12/10/2001
FP 03/22/2002
AD waiting…
 
You must log in or register to reply here.
Top