H4 was not renewed will this be a problem during I485 processing ?

H

harishds

Registered Users (C)
Dear Friends and Attorneys

My wife's H4 was not renewed for 10 months, she was in US during that time frame. I have changed my employer through which I've filed GC and she got her new H4 after these 10 months. Since then she is in having her status.

Will this cause any problems during I485 processing of me or my wife ?

If so what Documents I need to collect in advance.

Please advise
 
harishds said:
Dear Friends and Attorneys

My wife's H4 was not renewed for 10 months, she was in US during that time frame. I have changed my employer through which I've filed GC and she got her new H4 after these 10 months. Since then she is in having her status.

Will this cause any problems during I485 processing of me or my wife ?

If so what Documents I need to collect in advance.

Please advise
Click to expand...
It is not required to extend H4 every time you change your job. If she had valid I-94 it is fine.
Post her all I-94 expiry dates since last entry. Someone can analyze properly.
 
Thanks Tammy for your answer, here are details

H4 and I94

1) Sept 2002 to Jan 2003 I94 expired on Jan 2003

2) Jan 2003 to Dec 2003 Neither I94 , nor H4.

2) Dec 2003 to Sept 2004 New H4 and New I94 till Sept 2005


Filed I140/I485 Concurrently in Aug 2004 and got her EAD on Oct 2004.
After that we stopped re-newing H1 and H4.


Please advise, If you see any issues please give us some directions.

Thanks in advance,
 
Last edited by a moderator:
harishds said:
Thanks Tammy for your answer, here are details

H4 and I94

1) Sept 2002 to Jan 2003 I94 expired on Jan 2003

2) Jan 2003 to Dec 2003 Neither I94 , nor H4

2) Dec 2003 to Sept 2004 New H4 and New I94 till Sept 2005


Filed I140/I485 Concurrently in Aug 2004 and got her EAD on Oct 2004.
After that we stopped re-newing H1 and H4.


Please advise, If you see any issues please give us some directions.

Thanks in advance,
Click to expand...

Did your wife go out of US any time in between?
 
Most Likely a problem!!

If you are Out of status for more than 180 days, there is a very good chance that 485 will be denied.
From your post above your wife had been OOS for more than 180 days.
So Please be prepared either way.
 
Thanks for your answer grcgwait,

atleast I got some answer on this to prepare , Do you think its worth talking to my attorney. Becaue attorney should have scrunitized our (me+wife )applications thoruoughly before filing I485 case.


Will it be a problem for Both of our I485 processing or
only for my wife's I485.
The reason I'm asking is I had seen immigration discussion threads on this site which were discussing I485 approval for primary.


Thanks again for your time
 
Only for your wife

You should not have any problems.
But who knows? If you get an inexperienced(Dumb) immigration officer your wife may also get approved.
 
grgcwait is correct. Most probably, and unfortunately, her I485 will be denied and she would have a 3 yr ban on entry to US. Your case should not be affected.

Hire a top notch lawyer like Sheela Murthy or Rajiv and see if they have any options.

- ab
 
drajalu said:
my wife had the same problem. we did a nunc-pro-tunc H4
and got approved.
Click to expand...

Yes she may get benefit of nunc pro tunc. If she has valid stamping just going out of US and coming back with new I-94 also clear the problem.
Does she has an unexpired stamping?
On the other hand Your attorney might be right. Because even after overstaying USCIS approved her H4 extension without hitch.
 
tammy2 said:
Because even after overstaying USCIS approved her H4 extension without hitch.
Click to expand...

If the provided a new I-94 that is a good sign. I still wouldn't have her leave the US until the I-485 is approved, tho'.
 
tammy2 said:
Yes she may get benefit of nunc pro tunc. If she has valid stamping just going out of US and coming back with new I-94 also clear the problem.
Does she has an unexpired stamping?
On the other hand Your attorney might be right. Because even after overstaying USCIS approved her H4 extension without hitch.
Click to expand...

Since she is now in valid status, do not ever go out regardless she has a valid stampling or not (I doubet she does). Wait until 485 decision.
 
potential problems......

WOW

this is not good guys...

:mad: :mad:

Anyway - my situation is somewhat similar

my second employer did not extend H4 for my wife on time (long story) so

she was out of status for quite some time, and her original I-94 expired.

to cut the story short.....INS granted her h4 approval to match mine at that

time some 2, 3 years yrs ago and provided I-94 under the same number of

the original...

After that I kept changing employers and have 4 more H1 transfers...each

time we would file for her H4 by ourselves (to make sure its done on time and

properly) and each time she would get corresponding

H4 approval and new i-94

my current employer is getting ready to file for Perm,

eventually I-140 and I-485

Is there anyone out there who was in the similar situation?

- she did not leave US in the meantime - so - can we hope when AOS time comes that she will be OK, or she has to do Consular?
 
In order to accrue unlawful presence, the person's I-94 validity date must have expired, or the BCIS must make a finding that the person has been unlawfully present in the U.S. The distinction is important, because being unlawfully present for more than 180 days will generally result in one's being barred from re-entry to the U.S. for three years, or for 10 years if out of status for over one year.
 
yeah,

I heard of 245i, but you have to qualify to use it and if you had I-140 approved before april 2001 then you could use 245i

anyway, we'll check on details with company lawyer and see if we can get nun-pro-nunc now -or whatever its called .... we'll see

i'm applying soon for Canada anyway - no one knows what future has in hold for us - but if my wife cannot get her I-485 approved -- then I dont see a point in staying in this country ..
 
felix31 said:
I heard of 245i, but you have to qualify to use it and if you had I-140 approved before april 2001 then you could use 245i
Click to expand...

No. Strictly speaking, your priority date (ie. labor/I-140 filing date) must be on or before April 30th, 2001 and you must have been physically present in the United States on December 22nd, 2000.

anyway, we'll check on details with company lawyer and see if we can get nun-pro-nunc now -or whatever its called .... we'll see
Click to expand...

Good move.
 
thanks for reply realcanadian

i am present in US since March 2000 and wife since July 2000 and Labor applied in feb 2005 to get 7th yr ext on H1/H4

will talk with lawyer, since he wants to go with PERM later anyway ....

thanks everyone, since I needed to get more info on what needs to be done yet in my wife's case in order to avoid headaches later...in her AOS
 
You must log in or register to reply here.
Top