Help needed

E

emilyde

Registered Users (C)
Hi all,
Help needed.Here is the situation.

My original H1 (and I-94) was issued on 1998 and valid up to 08/31/2001.Meanwhile in 2000 I transferred my H1, which is valid up to 03/31/2003.I revalidated my passport and my son's(6 year old) passport at the same time in 2001.Both of us passport got stamped upto march 2003.when i extend the h1b in mar 2003,i got approved upto NOv 2004.i didn't know about the h4 extension in 2000.But i got to know about the h4 extension
on march 2003.So,i applied for the extension for my son.It is still in the process.
My question is,What if the extension got denied?What are the possiblities to get new I94 and H4 extension?

Please advise me.


Note:As our green card process is going on.We have a approved travel document.
 
Originally posted by emilyde
Hi all,
Help needed.Here is the situation.

My original H1 (and I-94) was issued on 1998 and valid up to 08/31/2001.Meanwhile in 2000 I transferred my H1, which is valid up to 03/31/2003.I revalidated my passport and my son's(6 year old) passport at the same time in 2001.Both of us passport got stamped upto march 2003.when i extend the h1b in mar 2003,i got approved upto NOv 2004.i didn't know about the h4 extension in 2000.But i got to know about the h4 extension
on march 2003.So,i applied for the extension for my son.It is still in the process.
My question is,What if the extension got denied?What are the possiblities to get new I94 and H4 extension?
---------- if H4 extension denied then dependent will be out of status from the day H4 is denied. It seems you filed I-485 for you and all your dependents, if it is true then they have AOS pending status even if H4 gets denied the filing of I-485 protects them and will not be staying in US illeglay and will be in AOS pending but will need AP in hand before departing US and must come back to US before AP expires.
Please advise me.


Note:As our green card process is going on.We have a approved travel document.
Click to expand...
 
ginnu, extermely thanks for the reply.

two more question,
1.what happend for the period of AUG 2001 to aug 2003?(AOS Starts on aug 2003 on wards)
this period my son don't have I94.But he stamped in passport upto march 2003.
2.Is that affect his(my son) green card?
 
Originally posted by emilyde
ginnu, extermely thanks for the reply.

two more question,
1.what happend for the period of AUG 2001 to aug 2003?(AOS Starts on aug 2003 on wards)
this period my son don't have I94.

------ when you sent I-485 for your son to USCIS did he has valid I-94? or you did file his H4 extension before his I-94 expiry? if yes, he dont have problem, if his H4 was filed before I-94 expiry and H4 was /is pending he is safe.

if his I-485 was submited while his I-94 was EXPIRED, how did USCIS accept his I-485?? becase for filing I-485 one need to be on status in US.

*** you need to write full details of your son
But he stamped in passport upto march 2003.
2.Is that affect his(my son) green card?
------ if the USCIS dicover that when his I-485 was filed he did not had valid I-94 or H4 extension filed before his I-94 expiry date then it will create problems. who filed your son I-485? if lawyer has filed then check with your lawyer for your concern I think lawyer must have attached his H4 extension filing reciept with his I-485 if that is true no problems.
Click to expand...
 
Last edited by a moderator:
Ginnu,

Thank you very much for your reply.
While applying i485 for my family member(my son) he don't have upto date
i94.his i94 was expired on august 2001 but he have stamping march 2003 and
before march2003 we applied for h4 extn.As of today he is now AOS.
Now his h4 extn is denied.
I need real remedy for this.
(my lawyer don't have much knowledge about this. )
Could please help me.

thanks,
emily
 
Need Help - Spouse Visa

First my apologies if I had to post it here.

Both me and my wife is under AOS (i am the principle and she is the derivative). Several months ago, my company immigration attorney informed me that my I140 was denied after RFE on edu eval. Since then he has filed an appeal and my case has been reopened and both of us have gone for FP. Because of this I140 denial, my company decided that I renew my L1 visa and my wife to be on a L2 to be on the safe side. Both of us received the I797 notice where both our L1 and L2 visa were approved. We submitted our passports and other documents as per the instruction and I now have a valid L1 visa while under AOS. My wife received a rejection letter and no L2 visa stamping in her passport despite the fact that she has a I797 notice saying that here L2 visa has been approved. The rejection letter states the following: "per regulations, you require a personal interview with a consular office. You must apply for a new visa overseas at a US embassy or consulate that process nonimmigrant visa applications". Prior to AOS she was on F1 and that F1 status has expired.

My lawyer suggested that she can go to US Embassy at Vancouver BC to do this. Her nationality is China.

My question is will she be able to get her L2 visa stamp within the same day? My concern is that since she is a derivative and under AOS, that means she has expressed her intent to immigrate. Despite the fact that she has a letter from Dept. of State approving her L2, will the Consulate office over-ride this decision and not stamp her passport? And if this is the case, what does that leave her? That she cannot re-enter US and has to return to China?

I am very scared to bring her to Vancover and get her L2 because of this. But if I dont do this, she has no status and she cannot get a work permit to continue working on EAD.

Please advise me for those who have been through this ordeal or who is conversant with the immigration policy. My company attorney is not helping much since once my company pays him the bill, we will not respond to me because then he will continue to bill my company and milk my company for all these charges. For one I already suspect he might have screwed up in my I140 case that lead to the denial since he has been trying to give excuses upon excuses to provide me a copy of my LC and the denial letter he received from NSC

My next question is regarding my I140. I checked my online status and this is what it said...."On March 11, 2004, your I140 IMMIGRANT PETITION FOR ALIEN WORKER was received here for processing. It is taking between 30 and 60 days for us to process this kind of case. We will mail you a decision as soon as processing is complete."

I called INS hotline today and after waiting for almost 40 mins. a lady answered. I asked her to check the status of my application and read the same wordings that I just wrote. When I indicate to her that it is already 60 days, she told me that she cannot check on the query unless my company called BCIS since my company is the applicant and I am the beneficiary. Is there truth in this statement? How can I check what is actually happening to my I140 case? If my I140 is approved, then I wont have to worry about my wife L2 and we can refile for her EAD renewal while under AOS.

I appreciate if anyone can respond ASAP.

Thanks in advance.
 
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