Hi All,
Please comment, let me know the paths to take, etc.
Here is the summary of the dates to make things look clearer. I did not know that my wife and my son needed to apply for H4 extension. We assumed that all dependents were automatically included with my H1B petition, which my employer had filed in July 2003.
Now I have several questions:
a) When I applied for the I-485 and I-765 for my wife and son, they were out of status. How does that affect our recently submitted petitions for the I-140, I-485 and I-765?
b) Are their petitions for I-485 and I-765 invalid, due to the fact that they were out of status at the time of filing the petitions?
c) What are the risks and issues involved here?
d) What is the best strategy to resolve the issue?
e) Are my wife and son out of status now?
f) Will there be the 3-year bar applicable to my wife and my son?
Chronological order of the petitions (events)
(A) Entrance in the US
I-94 (Departure Record) September 30, 2003 (for myself)
I-94 (Departure Record) October 10, 2003 (for my wife)
I-94 (Departure Record) October 10, 2003 (for my son)
Applied for (I-129) H1B extension: July 3, 2004
Received Date: August 5, 2003
Notice Date: February 13, 2004
Note: There have been several errors from the immigration department: in the I-94, first they put me as an Indian citizen; my employer wrote back stating that I was an Australian citizen who was born in India. The immigration department sent us another I-94 with another mistake; this time putting me as an Austrian citizen. After writing again they finally got to the correct citizenship. The whole process is documented and I have the copies of all the letters. The process to correct the ‘citizenship’ mistake took several months. My employer is saying since it took so long and in the process of writing these letters back and forth she forgot to mention to me that I should apply for my family separately.
(B) Application for Revalidation
Forms DS-156 for myself, my wife and son, and
Form DS-157 for myself only were sent to US Department of State, Saint Louis.
Date sent: March 6, 2004
Date Check was encashed: March 12, 2004
Rejection
Unability to process the visa application: May 4, 2004
(Under Section 221(g) and PER SOP # 46)
(C) Concurrent filing under EB1 category
140 and 485 and EAD (for myself)
Immigration Petition for Alien Worker (I-140)
Received Date: April 28, 2004
Notice Date: May 5, 2004
Adjust to Permanent (I-485)
Received Date: April 28, 2004
Notice Date: May 5, 2004
Employment Authorization (I-765)
Received Date: April 28, 2004
Notice Date: May 5, 2004
I-485 and I-765 for (wife)
Adjust to Permanent (I-485)
Received Date: April 28, 2004
Notice Date: May 5, 2004
Employment Authorization (I-765)
Received Date: April 28, 2004
Notice Date: May 6, 2004
485 and EAD (for my son)
Adjust to Permanent (I-485)
Received Date: April 28, 2004
Notice Date: May 6, 2004
Employment Authorization (I-765)
Received Date: April 28, 2004
Notice Date: May 6, 2004
Personal information about us
Myself: India born, Australian
Wife: India born, Australian
Son: Australia born, Australian
Also, we have a new son, who is a US citizen by birth
Please comment, let me know the paths to take, etc.
Here is the summary of the dates to make things look clearer. I did not know that my wife and my son needed to apply for H4 extension. We assumed that all dependents were automatically included with my H1B petition, which my employer had filed in July 2003.
Now I have several questions:
a) When I applied for the I-485 and I-765 for my wife and son, they were out of status. How does that affect our recently submitted petitions for the I-140, I-485 and I-765?
b) Are their petitions for I-485 and I-765 invalid, due to the fact that they were out of status at the time of filing the petitions?
c) What are the risks and issues involved here?
d) What is the best strategy to resolve the issue?
e) Are my wife and son out of status now?
f) Will there be the 3-year bar applicable to my wife and my son?
Chronological order of the petitions (events)
(A) Entrance in the US
I-94 (Departure Record) September 30, 2003 (for myself)
I-94 (Departure Record) October 10, 2003 (for my wife)
I-94 (Departure Record) October 10, 2003 (for my son)
Applied for (I-129) H1B extension: July 3, 2004
Received Date: August 5, 2003
Notice Date: February 13, 2004
Note: There have been several errors from the immigration department: in the I-94, first they put me as an Indian citizen; my employer wrote back stating that I was an Australian citizen who was born in India. The immigration department sent us another I-94 with another mistake; this time putting me as an Austrian citizen. After writing again they finally got to the correct citizenship. The whole process is documented and I have the copies of all the letters. The process to correct the ‘citizenship’ mistake took several months. My employer is saying since it took so long and in the process of writing these letters back and forth she forgot to mention to me that I should apply for my family separately.
(B) Application for Revalidation
Forms DS-156 for myself, my wife and son, and
Form DS-157 for myself only were sent to US Department of State, Saint Louis.
Date sent: March 6, 2004
Date Check was encashed: March 12, 2004
Rejection
Unability to process the visa application: May 4, 2004
(Under Section 221(g) and PER SOP # 46)
(C) Concurrent filing under EB1 category
140 and 485 and EAD (for myself)
Immigration Petition for Alien Worker (I-140)
Received Date: April 28, 2004
Notice Date: May 5, 2004
Adjust to Permanent (I-485)
Received Date: April 28, 2004
Notice Date: May 5, 2004
Employment Authorization (I-765)
Received Date: April 28, 2004
Notice Date: May 5, 2004
I-485 and I-765 for (wife)
Adjust to Permanent (I-485)
Received Date: April 28, 2004
Notice Date: May 5, 2004
Employment Authorization (I-765)
Received Date: April 28, 2004
Notice Date: May 6, 2004
485 and EAD (for my son)
Adjust to Permanent (I-485)
Received Date: April 28, 2004
Notice Date: May 6, 2004
Employment Authorization (I-765)
Received Date: April 28, 2004
Notice Date: May 6, 2004
Personal information about us
Myself: India born, Australian
Wife: India born, Australian
Son: Australia born, Australian
Also, we have a new son, who is a US citizen by birth