I-485 denied as I-94 expired

Discussion in 'General I-485 and Related Issues' started by please_help, Sep 18, 2006.

  1. please_help

    please_help Registered Users (C)

    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.
     
  2. abhuda

    abhuda Registered Users (C)

    Better u apply for Canadian / Australian / UK immigration.
     
  3. number30

    number30 Registered Users (C)

    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.
     
    Last edited by a moderator: Sep 18, 2006
  4. Sathya7378

    Sathya7378 Registered Users (C)

    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
     
  5. HelpOnI94

    HelpOnI94 Registered Users (C)

    the gap is just 4 days, but at that time she did NOT get the i 94 as she is in US already.
     
    Last edited by a moderator: Sep 19, 2006
  6. nj_skm

    nj_skm Registered Users (C)

    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.
     
  7. TheRealCanadian

    TheRealCanadian Volunteer Moderator

    Stamping provides NO legal basis to remain in the US; only the I-94 or a pending I-485 does that.

    This is her only hope.
     
  8. number30

    number30 Registered Users (C)


    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.
     
  9. Sathya7378

    Sathya7378 Registered Users (C)

    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
     
  10. curiousGeorge

    curiousGeorge Registered Users (C)


    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.
     
  11. Sathya7378

    Sathya7378 Registered Users (C)

    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
     
  12. TheRealCanadian

    TheRealCanadian Volunteer Moderator

    Yes - you have a pending I-485.

    No, why would it?
     
  13. Sathya7378

    Sathya7378 Registered Users (C)

    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
     
  14. curiousGeorge

    curiousGeorge Registered Users (C)

    As long as your I-485 is pending, you continue to be in status.
     
  15. please_help

    please_help Registered Users (C)

    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.
     
  16. Cmapocma

    Cmapocma Registered Users (C)

    Can you provide the exact dates?

    Was she out of status for 14 months before filing I-485?
     
  17. number30

    number30 Registered Users (C)

    As earlier mentioned You can try using Nunc pro tunc option. Try with some good attoney. It re-instates the out of status period.
     
  18. please_help

    please_help Registered Users (C)

    Yes, she was out of status for 14 months by the time her i485 was filed
     
    pacificrain likes this.
  19. pacificrain

    pacificrain New Member

    how did your case go? did you have to leave the US? sorry im on the same boat
     

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