I-485 denied as I-94 expired

please_help

Registered Users (C)
#1
Please let me know if any one got I-485 approved, having expired I-94 for more than one year.
We did not notice my wife's H4/I94 expiring before filing I-485(Now we can see 14 months over stay after I94 expired,But she got H4 stamped during this period using my H1 visa with out processing H4 doc along with). Currently she is in status with recent valid I-94, EAD , Advance parol.
Recently We received a Notice of Intenet to Deny I-485 defining this as unlawful stay and will be subjected for 10 years bar.
Can you please share with me if any one had this kind of situation and what are the different ways to answer. Thank you.
 

number30

Registered Users (C)
#3
please_help said:
Please let me know if any one got I-485 approved, having expired I-94 for more than one year.
We did not notice my wife's H4/I94 expiring before filing I-485(Now we can see 14 months over stay after I94 expired,But she got H4 stamped during this period using my H1 visa with out processing H4 doc along with). Currently she is in status with recent valid I-94, EAD , Advance parol.
Recently We received a Notice of Intenet to Deny I-485 defining this as unlawful stay and will be subjected for 10 years bar.
Can you please share with me if any one had this kind of situation and what are the different ways to answer. Thank you.
What is duration between I-94 expiry and she went for stamping. If it is less then six months she can avail 245(K). When did you came to US? When did your wife came to US? When did apply for Labor?

In wrost case there is some process called Nunc pro tunc. Try to use the best attorney.

There are so many cases like this. Give all the dates that will help to understand the case.
 
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Sathya7378

Registered Users (C)
#4
Question - I-94 / EAD

If he uses his or her EAD then why you need to care about I-94.
As long as you are not using the H-1 B and using EAD for work then I-94 is not need.
This is my understanding.

Please correct me if i am wrong.

Thanks
Sathya
 

HelpOnI94

Registered Users (C)
#5
the gap is just 4 days, but at that time she did NOT get the i 94 as she is in US already.
 
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nj_skm

Registered Users (C)
#6
HelpOnI94 said:
the gap is just 4 days, but at that time she did NOT get the i 94 as she is in US already.
If I were you I'd seek a GOOD lawyer. You can use the advise on this forum just as that: advise.
For legal representation, be ready to shell some $$ and get a GOOD attorney. Skimping here is very unwise. Don't go to an Indian lawyer. They're the worst as they make a living out of applying H1Bs and helping Indian companies get H1Bs and in my experience I've discovered that they're invariably incompetent and irresponsible and don't respond in a timely manner.
Go to Rajeev Khanna or Murthy or someone else who is good. The extra money you'll pay for this will most definitely be worth it. Make sure that you don't go to ANYONE who charges rock bottom fees. Their quality will be as good as the cheap stuff you get from Walmart.
 

number30

Registered Users (C)
#8
TheRealCanadian said:
Stamping provides NO legal basis to remain in the US; only the I-94 or a pending I-485 does that.

From his post it seems that she went to stamping outside US. Hence I was asking for the count of number of days between date she went out of status and date she left US for stamping.
 

Sathya7378

Registered Users (C)
#9
Question

If you have EAD valid for 1 year. Also if you are using the EAD and the H1-B is expired and I-94 is also expired will that be a problem.

I dont know whether we should maintain both I-94 status and EAD status?

Please advice!!!!

Thanks
Sathya
 

curiousGeorge

Registered Users (C)
#10
Sathya7378 said:
If you have EAD valid for 1 year. Also if you are using the EAD and the H1-B is expired and I-94 is also expired will that be a problem.

I dont know whether we should maintain both I-94 status and EAD status?

Please advice!!!!

Thanks
Sathya

Sathya,
You seem confused. I'll try to clarify.

EAD does not provide you with any status whatsoever, it only provides you with permission to work when you are in "AOS Pending" Status.

If the I-94 expires prior to filing I-485, then you are out of status, and thus ineligible to file an "adjustment" of status (I-485), since you have to status to adjust from. :(

If your I-94 expires AFTER the I-485 is filed then your status become "AOS Pending", and you will remain in this legal status until the I-485 is adjudicated. When you are in "AOS Pending" status, then you need an EAD to allow you to work.
 

Sathya7378

Registered Users (C)
#11
Question

I-485 filed on 09/03/2004 [waiting for the retrogression date]
I-94 expired on June 2006
H1-B expired on July 2005

Also i am using EAD for work authorization.

Do you think i am in a legal status?

Also my wife went to india using her Travel Document and i guess she may get a new I-94 when she get in to US. How about that I-94. Will that create any problem for her I-485.

I think you mention AOS - Adjustment of Status. If not correct me.

Please advice!!!
Thanks
Sathya
 

Sathya7378

Registered Users (C)
#13
Question

I-94 expired on June 2006
H1-B expired on July 2005
Once H1-B expired i started using EAD

So as long as i am in the status then it is ok.

Thanks
sathya
 

please_help

Registered Users (C)
#15
But, the exact problem here is she was out of status(due to expired I-94) by the time her I485 was filed(we can see 14 months after i94 expired). After 485 filed, she has been legal for all the time.
Thank u.
 

Cmapocma

Registered Users (C)
#16
please_help said:
But, the exact problem here is she was out of status(due to expired I-94) by the time her I485 was filed(we can see 14 months after i94 expired). After 485 filed, she has been legal for all the time.
Thank u.
Can you provide the exact dates?

Was she out of status for 14 months before filing I-485?
 

number30

Registered Users (C)
#17
please_help said:
But, the exact problem here is she was out of status(due to expired I-94) by the time her I485 was filed(we can see 14 months after i94 expired). After 485 filed, she has been legal for all the time.
Thank u.
As earlier mentioned You can try using Nunc pro tunc option. Try with some good attoney. It re-instates the out of status period.
 
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