Help! Urgent! H4 I-94 expired

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pdlj1

Registered Users (C)
My wife's I-140 petition was approved (under Outstanding Professors/Researcher catagory) and just as we're about to file I-485 for permanent residency, our attorney found out that my I-94 expired 18 months ago. It turned out that when I entered US with an H-4 visa last time to join my wife, the immigration officer put an expriation date that was less than three months from the entry date for some reason. We didn't realize this until now. Questions:
(1) Is there anybody else with similar experience? Was the problem fixed? How?
(2) Should we go ahead to file I-485 and try to fix the problem at the same time? Or should we wait until we fix the problem?

Many thanks.
pdlj1
 
U can go ahead and apply for 485. But dont think of leaving US until GC is approved (AP travelis also not guaranteed)... Be prepared for 485 rejection based on the out of status period possibility.
of course you can appeal when the notice to deny 485 is received, but you have a chance (because the mistake was by the POE. although POE can put any I94 expirey date, these are guided by some norms) and most probably INS will grant your 485 after appeal. It is an ardous route ahead. are you up to it?
 
cant you file under that 245(i) condition ?

if not then you are in a trouble...since you are up for a 10 yr ban..AOS is not recommended under such circumstances.
Can you go to local INS /POE to get your I-94 updated ..try this it may not work but yours is a desperate case ?
get a good lawyer..and explore every oter possibility.
 
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