I-140 pending, wife's I-94 expired..

[ajkk]

Hi,

My I-140 is pending and may take couple more months. As the 485 has become current, I got to know that I can file 485 concurrently. Is that right?

Also my wife's (who is on H4) I-94 has expired, I have filed for an extension (I applied 2 months after I-94 has expired ) ..still waiting for the reciept number.

So can I still apply for 485? My I-797 approval is valid till May'08. Please advise.

Thanks
AjKK

 

[TheRealCanadian]

My I-140 is pending and may take couple more months. As the 485 has become current, I got to know that I can file 485 concurrently. Is that right?

Yes.

Also my wife's (who is on H4) I-94 has expired, I have filed for an extension (I applied 2 months after I-94 has expired ) ..still waiting for the reciept number. So can I still apply for 485?

You can still apply, but I'd be FAR, FAR FAR more concerned about your wife. When did her I-94 expire?

 

[ajkk]

Thanks for the reply. Her I-94 expired on Feb 26th 2007. We applied for extension in the month of may before 90 day grace period ended. She is still in USA. She is planning to go to India next month and will attend visa intvw there. What would be the impact on 485?

 

[TheRealCanadian]

Her I-94 expired on Feb 26th 2007. We applied for extension in the month of may before 90 day grace period ended.

There is no 90 day grace period. Her I-539 needed to be filed before her I-94 expired, and is likely to be denied. It is critical that she depart the United States or file the I-485 before 180 days has elapsed.

She is planning to go to India next month and will attend visa intvw there. What would be the impact on 485?

None really. Unless she absolutely has to travel I'd suggest you may want to file the I-485 as soon as possible to halt the illegal presence clock and use AP.

 

[ajkk]

Thanks for your replies.

There is no 90 day grace period. Her I-539 needed to be filed before her I-94 expired, and is likely to be denied. It is critical that she depart the United States or file the I-485 before 180 days has elapsed.

---Our attorney had applied I-539 with a non-pro-tunc letter, we had a valid reason of my wife's pregnancy and child birth.

None really. Unless she absolutely has to travel I'd suggest you may want to file the I-485 as soon as possible to halt the illegal presence clock and use AP.

---If atall she goes to India for a visa interview, wud she be rejected ?. We are confused and tensed.

 

[ajkk]

Considering the 485 dates, is it possible for my wife to stay here in US (with expired visa,I-94 and pending extension of stay status result) and apply 485. Pls throw some light.

Thanks