- Home
- Forums
- Immigrant Visas (Green Cards)
- I-485 Issues
- I-485 Issues Common to All Services Centers
- General I-485 and Related Issues
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
How can you find out if you have been unlawfully present in the US?
- Thread starter hz4206
- Start date
TheRealCanadian
Volunteer Moderator
hz4206 said:Is there any way I can determine before hand if I have been in the United States unlawfully. Would receiving the 2nd H-1 without getting it stamped on the passport cause any issues.
Have you ever entered without inspection, or overstayed an I-94? If not, then no.
Hi RealCanadian,
If we are AOS pending once stamping on I94 expires are we out of status.
My I94 (h1) expired on 31st Oct and my 485 is pending since Sep 2003. Normally I would not worry but today I got the email saying RFE issued on my AP application for both self and spouse. I had applied after 31st October.
Rgds,
Yeppo
If we are AOS pending once stamping on I94 expires are we out of status.
My I94 (h1) expired on 31st Oct and my 485 is pending since Sep 2003. Normally I would not worry but today I got the email saying RFE issued on my AP application for both self and spouse. I had applied after 31st October.
Rgds,
Yeppo
hz4206 said:Hello TheRealCanadian,
Inspection - I have always entered the US with inspection
I-94 - The i-94 card on my passport expired when my first H-1 expired, but I did receive the second H-1 which has the new I-94 card which has not expired.
Thanks
As long as you applied for your H1 extension before your I-94 expiry date, you are ok as you got your new I-94 with your approved H1 extension. If you had not received I-94, you would have to leave and reenter to get back in status.
yeppo said:Hi RealCanadian,
If we are AOS pending once stamping on I94 expires are we out of status.
My I94 (h1) expired on 31st Oct and my 485 is pending since Sep 2003. Normally I would not worry but today I got the email saying RFE issued on my AP application for both self and spouse. I had applied after 31st October.
Rgds,
Yeppo
AOS pending gives you legal status to stay in the country until it get adjudicated. You are considered in "a period of authorized stay by the attorney general". Your question is unclear. Did you apply for AOS before your I94 expiry date or before?
will_get_there1
Registered Users (C)
What about this situation
would appreciate your opinion on this situation (after following sequence of events)-
1. Entred US on H1 B (valid till 1/1/04) on 02/01/03, I-94 at POE for 1/1/04 expiry
2. Extension of H1B on 10/01/03 , I-94 extended to 1/1/05 through I-797
3. Went out of US 10/05/03, submitted only white I-94 (retained I-94 attahed on I-797 of step #2)
4. After 3 days (i.e. on 10/08/03) entered US on H1B (with-out getting the new visa stamp as passport still have H1 B visa valid till 1/1/04). I-94 issued at POE with expiry of 1/1/04.
Will stay after 1/1/04 be considered out of status as the latest I-94 has expiry of 1/1/04 even when earlier extension of stay was approved till 1/1/05 ?
would appreciate your opinion on this situation (after following sequence of events)-
1. Entred US on H1 B (valid till 1/1/04) on 02/01/03, I-94 at POE for 1/1/04 expiry
2. Extension of H1B on 10/01/03 , I-94 extended to 1/1/05 through I-797
3. Went out of US 10/05/03, submitted only white I-94 (retained I-94 attahed on I-797 of step #2)
4. After 3 days (i.e. on 10/08/03) entered US on H1B (with-out getting the new visa stamp as passport still have H1 B visa valid till 1/1/04). I-94 issued at POE with expiry of 1/1/04.
Will stay after 1/1/04 be considered out of status as the latest I-94 has expiry of 1/1/04 even when earlier extension of stay was approved till 1/1/05 ?
In my opinion, you have been unlawfully present in US after 1/1/2004, as your authorized stay is governed by the date on your I-94. It is always your last I-94 that governs, whether you receive it at POE or from USCIS. Please contact your lawyer ASAP.
Last edited by a moderator:
harvydonald
Registered Users (C)
The authorized stays is not always by the date on I-94
If you have a H1B approval that expires on 1/1/05 you are ok to stay in the country till 1/1/05.
You may not leave the country and re-enter unless you apply for a H1B visa outside the country.
If you have a H1B approval that expires on 1/1/05 you are ok to stay in the country till 1/1/05.
You may not leave the country and re-enter unless you apply for a H1B visa outside the country.
jllag1 said:In my opinion, you have been unlawfully present in US after 1/1/2004, as your authorized stay is governed by the date on your I-94. It is always your last I-94 that governs, whether you receive it at POE or from USCIS. Please contact your lawyer ASAP.
harvydonald said:The authorized stays is not always by the date on I-94
If you have a H1B approval that expires on 1/1/05 you are ok to stay in the country till 1/1/05.
You may not leave the country and re-enter unless you apply for a H1B visa outside the country.
I beg to disagree. You can stay in the country until your approval IF AND ONLY IF you get a I-94 attached to your approval notice. Lot of people get approval notices without I-94. That means you need to depart and reenter US. Just having an approval notice does not give you any rights without I-94 (in our case here). Also, even if you receive I-94 with your approval notice, it is the LAST I-94 you receive that governs your stay. Somebody correct me if I am wrong.
will_get_there1
Registered Users (C)
jllag1 said:I beg to disagree. You can stay in the country until your approval IF AND ONLY IF you get a I-94 attached to your approval notice. Lot of people get approval notices without I-94. That means you need to depart and reenter US. Just having an approval notice does not give you any rights without I-94 (in our case here). Also, even if you receive I-94 with your approval notice, it is the LAST I-94 you receive that governs your stay. Somebody correct me if I am wrong.
Thank you all for your opinion.The approval notice (valid till 01/05) I have , has I-94 attached with it but I have submitted the corresponding I-94 (isssued by POE) when I left US for 3 days.
Also talked to my lawyer for my situation, he says that there may be some issue but thinks it can be argued otherwise as well and not to worry about it.
Also, I had also applied for next H1 extension (one of those guys who need to renewing 1 year at a time after 6 years ....) and it got approved yesterday. So not sure how much I need to worry.
I guess I just have to see if any thing negative happens and deal it with then.
jllag1 said:AOS pending gives you legal status to stay in the country until it get adjudicated. You are considered in "a period of authorized stay by the attorney general". Your question is unclear. Did you apply for AOS before your I94 expiry date or before?
I saw this post after awhile and am now worried as my I94 expired in October 04. However my AOS was filed in Sep03. Will there be any issues during stamping. Just got my approval and am going in Jan for stamping. I have not left the country since my I94 expired (have been working on EAD).
Rgds,
Yeppo
yeppo said:I saw this post after awhile and am now worried as my I94 expired in October 04. However my AOS was filed in Sep03. Will there be any issues during stamping. Just got my approval and am going in Jan for stamping. I have not left the country since my I94 expired (have been working on EAD).
Rgds,
Yeppo
You filed your AOS while you were legally here. No need to worry. Also, if there were any issues, they would have issued an RFE. But anyways, you are perfectly clear. Happy holidays.