H4: Primary pending AOS-Wrong date on I94

[TroubledGC]

Hi guys,

My wife has entered US on H4 Visa, I am pending AOS, traveled on AP, never used EAD.

The officer on the port of entry has made a mistake and instead of the date of the expiration of my H1b has put a date of 3 months later. Is this a problem? What should I do to fix this?

I will apply for her 485 soon soon, so does this solve the problem?

On another matter, it seems that I can not get her SS#, does anybody know the procedure to get ITIN?

Please advice,

Many thanks,

Troubled

 

[ginnu]

Hi guys,

My wife has entered US on H4 Visa, I am pending AOS, traveled on AP, never used EAD.

The officer on the port of entry has made a mistake and instead of the date of the expiration of my H1b has put a date of 3 months later. Is this a problem? What should I do to fix this?
-------------------
I will apply for her 485 soon soon, so does this solve the problem?

On another matter, it seems that I can not get her SS#, does anybody know the procedure to get ITIN?

Please advice,

Many thanks,

Troubled

need more info: She come to US on H4 and she had H4 visa stamp valid till........
your H1 approval is valid till...........?
Did she show valid H4 visa stamp AND your H1 approval notice at POE?

For ITIN info go to the Link:
http://www.irs.gov/individuals/article/0,,id=96287,00.html

 

[number30]

Hi guys,

My wife has entered US on H4 Visa, I am pending AOS, traveled on AP, never used EAD.

The officer on the port of entry has made a mistake and instead of the date of the expiration of my H1b has put a date of 3 months later. Is this a problem? What should I do to fix this?

I will apply for her 485 soon soon, so does this solve the problem?

On another matter, it seems that I can not get her SS#, does anybody know the procedure to get ITIN?

Please advice,

Many thanks,

Troubled

I do not think It will cause a problem. All you can do is while renewing your H1B renew her H4 also to cover that three months.

As for as ITIN number is concerned you need to apply that with your Tax return. You need to do tax return and Paper File it to the address specified on the ITIN application. You also submit your Tax return along with ITIN application at your Local IRS office.

 

[TroubledGC]

For US the Visa is single entry so the visa is irrelavant, whats is important is I94 date which is Jan 30 2009, My H1B is valid till Aug-2010, she has shown her valid H4 visa at POE, however the officer has not asked for H1B approval and she was unaware of the importance of the date on I94

Please help

need more info: She come to US on H4 and she had H4 visa stamp valid till........
your H1 approval is valid till...........?
Did she show valid H4 visa stamp AND your H1 approval notice at POE?



For ITIN info go to the Link:
http://www.irs.gov/individuals/article/0,,id=96287,00.html

 

[ginnu]

For US the Visa is single entry
------------------------I think H4 visa is multiple entry Visa
so the visa is irrelavant, whats is important is I94 date which is Jan 30 2009,
My H1B is valid till Aug-2010, she has shown her valid H4 visa at POE, however the officer has not asked for H1B approval and she was unaware of the importance of the date on I94
Please help

She came on H4 visa and at POE she has shown only the H4 visa stamp in her passport AND she was supposed to show your H1 approval notice so that officer could gave her I-94 valid till Your H1 approval notice or till August-2010. Officer at POE don’t ask H1 form H4 holder and if she wanted I-94 till your H1 then she was supposed to show your H1 with her H4 visa stamp.
You have two options:
1 file her H4 extension before her I-94 expires (one can file 6 months advance of I-94 expiry date)
2 She can go to same POE or Airport and can get I-94 corrected. She should go to Deferred inspection at the Airport(POE) with her Passport visa and your H1 approval notice + your I-94

 

[number30]

she was supposed to show your H1 approval notice so that officer could gave her I-94 valid till Your H1 approval notice or till August-2010.

They do not this for the H4 unless it is with H4 extension is approved here. At POE They do not issue the expiry date based upon the primary's H1.

 

[TroubledGC]

My I94 has PAROLEE stamp, so probabley H4 extention would make more sense in this situation.

I am trying to file her 485 ASAP, does that give her the status that the I94 date becomes irrelevant?

Many thanks

Troubled

She came on H4 visa and at POE she has shown only the H4 visa stamp in her passport AND she was supposed to show your H1 approval notice so that officer could gave her I-94 valid till Your H1 approval notice or till August-2010. Officer at POE don’t ask H1 form H4 holder and if she wanted I-94 till your H1 then she was supposed to show your H1 with her H4 visa stamp.
You have two options:
1 file her H4 extension before her I-94 expires (one can file 6 months advance of I-94 expiry date)
2 She can go to same POE or Airport and can get I-94 corrected. She should go to Deferred inspection at the Airport(POE) with her Passport visa and your H1 approval notice + your I-94

 

[ginnu]

They do not this for the H4 unless it is with H4 extension is approved here. At POE They do not issue the expiry date based upon the primary's H1.

They Give I-94 to H4 visa holder till H1 approval notice if H4 holder show H4 visa stamp AND H1 approval notice of spouse at POE.

 

[ginnu]

My I94 has PAROLEE stamp, so probabley H4 extention would make more sense in this situation.

I am trying to file her 485 ASAP, does that give her the status that the I94 date becomes irrelevant?

Many thanks

Troubled

Many maintain H1 and H4 status even if they filed I-485.

If your PD is current then she can file her I-485, EAD and AP. Once I-485 is pending one will have Adjustment of status pending.