Hypothetical questions - I-485 approval - Please help

P

patient_immig

Registered Users (C)
Hi All,

Since last month, I have been a silent watcher of this forum and amazed by the participant\'s willingness to share their personal encounters with several immigration issues.

It will be of great help if you can your thoughts/answers for my hypothetical questions.

As a Single, I filed my I-485 papers back in Aug\'99 with VSC (PD of 10/97). Later got married late last year and my wife entered this country on a H4 visa which will expire by 9/2001. She filed her I-485/EAD/AP applications with VSC on 4/10/200 and have not yet
received a receipt notice from INS. Also, I\'m a victim of company name change and redo I140.

These are my hypothetical questions:
Let say, if my I485 gets approved before 9/2001 (i.e upon the expire of my visa) and if still my wife had not received receipt notices for her I485/AP/EAD application from INS,

or, let say,

if my I485 was still pending beyond 9/2001 and forced to use my EAD by my employer to continue my employment/stay in this country and if my wife still had not received her I-485 receipt notice from INS

On encountering any of the above mentioned situation,

(a) Will she still be in a valid status to stay in this country or does she require to leave this country ?
(b) If she decides to stay, will it cause any harm to her I485 process

My info - PD 10/97- RD 9/99 -FP 12/99 -redo I140 4/01- H1 will exp by 9/2001
My wife\'s info - mailed her I485 on 4/10/2001 - H4 will exp by 9/2001

Thanks
patient_immig(non)
 
No Title

First let me answer to your questions as it is...
(a) Will she still be in a valid status to stay in this country or does she require to leave this country ?
She will be in valid status until her I-94 expires, if you failed to get her stay extension in any means she has to leave the country.

(b) If she decides to stay, will it cause any harm to her I485 process
Yes, it does.

Sugestions:
(a) Will she still be in a valid status to stay in this country or does she require to leave this country ?
I am confident that she will receive her receipt notice in soon. Remember that April 30 was the deadline to submit 245(i) applications. I guess INS was way backlogged in sending the receipt notices and she will get her soon. Incase if INS says they never received her petition or they received her petition after her I-94 expires(9/01), Do you have any proof(like FedEx return receipt etc) to show that you have submitted her application well before her I-94 expires?
(b) If she decides to stay, will it cause any harm to her I485 process

If INS denies her petition bases on out of status for a period lessthan a year, you can come over this problem by paying$1000.
That is very simple.

Bottom line you don\'t need to worry much, everything going to be fine.
 
No Title

Hi,

I appreciate you for sharing the information & for the kind words of yours.

Thanks
patient_immigrant(non)
 
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