Help with AP renewal

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sairam1

Registered Users (C)
Hi All,

Our AP's expired. We need to get a new one (Self, Spouse and Daughter). Our 485's are in-process (Nov 02 RD/ND).

We will be on H1-B and H4 until June 2004. The I-94's are valid until that time as well.

Here is a potential problem. My spouse returned to USA after a trip to India during Jan 2002. Her I-94 was stamped and the INS officer at the POE wrote 'Jun 26, 2004' on the card. But the handwriting is so bad that the 'u' in 'Jun 26, 2004' can look like 'Jan 26, 2004'. My Spouse in a rush to get back home (our son was sick then with Pneumonia, he has since recovered) did not bother to check that and fix it - would have been a lot easier.

When the AP has to be renewed, we need to provide proof of status. One of the documents is the valid I-94 card.

My questions are:
If the validity on I-94 is 'read' by the USCIS as 'Jan 26, 2004' instead of 'Jun 26, 2004', will my spouse be considered out-of status. I guess not, because our 485s are in process... but please confirm...

Do we need to provide the I-94 cards for AP renewals? or is justa copy of the receipt notice of pending 485s sufficient?

Thanks in advance.
 
My questions are:
If the validity on I-94 is 'read' by the USCIS as 'Jan 26, 2004' instead of 'Jun 26, 2004', will my spouse be considered out-of status. I guess not, because our 485s are in process... but please confirm...
No you are not Out of status in US coz you are 485 Adjustee.
And INS officer will know that its JUN 2004 not Jan 2004 based on the expiration dt of visa as there is no rule to have I-94 on H visas which are sooner then exp. dt of Visa itself.

. And yES you MAY need to send a copy of I-94 and current visa.
Well actually I sent it. there are lot of opinions on threads that
if you send 1st page of ur passport and colored Driving license copy that shud work otherwise some says that you shud send I-94 and visa copy along with these 2 docs.

check this out for other docs. and as such there's no RENWAL of AP. its always NEW application.

http://boards.immigration.com/showthread.php?s=&threadid=112152

K.
 
Last edited by a moderator:
the INS officer will know..

because at the time of stamping your passport and I-94 he/she enters that date into the USCIS system. They will know by your A#, I-94#, name, etc....which is it. Amcom is right, as long as you are an adjustee, you are not out of status.

I am not about renewal of AP, as I have never done it.

Good luck, and please share your experience,
 
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