How District office overlook the subsequent 1-94 attached to your H1-B.

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srbose

Registered Users (C)
How District office overlook the subsequent 1-94 attached to your H1-B and denied the I-485 case after transfer from TSC. I got this letter from INS.

On September 16,2003 you filed I-131 travel document. Your I-131 has been denied in the exercise of discretion. Service record indicates your I-94 had expired. You accrued more than 180 days of unlawful present in USA before you filed your I-485. Were you to leave USA, you would there fore inadmissible under the INA, section 212(a)(9)(B)(i) for three to ten years. Accordingly the Service is unable to grant your request and your application is hereby, denied. There is no appeal to this decision.

My PP Stamped visa expired on March 03,2002. I have always maintained status with subsequent H1B, District office overlooked my subsequent I-94 which is valid till September 14,2005. I have never went out of USA.
 
srbose

srbose said:
On September 16,2003 you filed I-131 travel document. Your I-131 has been denied in the exercise of discretion. Service record indicates your I-94 had expired. You accrued more than 180 days of unlawful present in USA before you filed your I-485. ......My PP Stamped visa expired on March 03,2002.
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Is the statement regarding 180 days of unlawful presence valid, srbose? I mean, if your PP visa expired on March 3, 2002, did you immediately file your I-485 within 180 days of March 3, 2002 or even before March 3, 2002?

Also, if this is the reason they deny your I-131, what is the status regarding your I-485? Also was your I-131 transferred for a WRITTEN DECISION or for THEM TO CONDUCT YOUR INTERVIEW?

I am appalled. However, there will surely be a way to tide over this crisis. Don't give up.
 
Can they really be so lazy or uncaring as to not look for the latest I-94, or is there a chance that you did not submit the latest I-94? Or can it be a new officer who is not aware that there can be multiple different I-94s? What does you attorney saw about this?

-jd
 
Hi poongunranar & jd imm

when we file first H1B it is approved for three years, I went to USA embassy New Delhi, embassy stamped my passport based on first H1B approval I-94 duration, before my stamp expired I got another job, the company filed my H1B and it got approved with new I-94 duration. I never stayed or worked in USA illegally as I have written I-94 proof from INS/CIS.
But district office just looked my Passport overlooking my subsequent I-94 which is valid till 09/2005.
 
srbose

srbose said:
But district office just looked my Passport overlooking my subsequent I-94 which is valid till 09/2005.
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I am bemused. How did the District Office lay hold to your Passport? Did it informally seek copies of your Passport pages? Normally one doesn't send copies of the pages of the passport during filing of any application whatsoever. Hence the question.

Also, kindly answer the other questions so that I can offer any additional opinion on the subject. Thanks.
 
Which district office is it? You mentioned transfer from TSC. So it is NOT TSC who denied your aplication? Is your 485 employment based or marriage based?

Please be more specific. It will help to evaluate your situation.
 
Dear All & poongunranar

It is our Dallas District office. Dallas office has my entire passport copies plus subsequent I-94 copies, which is valid till Sept. 14, 2005. In Passport my first H1B stamp was done by USA Embassy New Delhi which was valid till March 03,2002. After that there is no stamp, as I have never gone out of USA till today since I entered USA on H1B year 1999. I extended my H1B and each H1B carries I-94 information at the bottom of H1B page from INS. I sent all my H1B copies, which carries my I-94 information. District office saw only my Passport stamped page which was valid March 03,2002 not subsequent I-94 copies. I filed I-485 on Sept. 15,2003 on TSC, TSC transferred my AOS to Dallas after thoroughly checking my all submitted papers submitted by an immigration attorney as I have written proof from Freedom of Information ACT(FOIA).

Apologies for replying late as in office Hotmail or immigration site has firewall.
 
srbose

No need to be apologetic dude. Don't worry. I think they can do this only to I-131 and not to I-485 where due process of law allows you to go on appeal. Even for I-131, you need to go to the local office, show the details to the officer to prove how INS has seriously erred in its judgment. Please be on the alert for your I-485 so that they don't deny it based on the same reason as well. As long as you have all the proof at your disposal, which in fact you do, then there is absolutely nothing to be worried about. It is a hassle, but don't worry. If I were you I will walk over to the local-office; initiate queries with the Congressperson's / Senator's office.
 
proactively, if your attorney can write a letter with a copy of denial notice and attach a response that this is an error and sent it to TSC to update your I485 file, it might be helpful to avoid a potential RFE or even intent to deny.
 
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Hi poongunranar need your advice

How are you? By mistake while surfing to be acquainted with info pass appointment, I made an info pass appointment. I like to cancel the appointment but do not know the confirmation number. I remember my PIN number, can you please let me know how can I cancel the appointment at your own convenience.
 
srbose

Dear Friend, I must apologize that I do not know about how to cancel Infopass appointment without a confirmation number. Let us see, if anybody else has a better understanding about this.
 
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