I-485:Ginnu/RealKanadian..pls give your suggestions..

G

Greenbay

Registered Users (C)
Hi Ginnu/Realkanadian/Freinds,

Please give your thoughts/suggestions.What shud I do in this scenario.

I have a question.

I came to USA on L1 in june 2001 and my wife came on L2 in Dec'01.
Before she came I applied for H1 from some other company and forgot to apply H4 for her. I joined the new company in March '02 and then I applied H4 for her in April'02. I had a change of status from L1 to H1 and when I joined new company I was on H1 and she was on L2.( I resigned from original L1 sponsored company in feb'02). She got her H4 approval in May'02.

We applied I-485 in July 2004 in NSC under EB-3.I-140 is approved already.She had valid I-94 at this time.

So, she was in diff status for some period of time.
That is when I was on H1 from March'02 and until now, she was on L2 from March'02 to May'02.Approx for some 70 days.Both were in different status for 70 days.

So will there be any problem for her I-485 approval?? Any RFEs will come??

Please give you opinions as I am very much worried. Every thing is handled by my company lawyer (paralegal).


Thanks a lot and I wish good luck for all

Packer
 
If you both have valid I-94 at this time.., I personally think it should not matter.. That's my opinion... Contact good attorney....
 
My case was also similar to your case. I also forgot to file H4 for my wife when I transfered from H1 to another company..

After 6 months I released that I forgot to file H4 for my wife from new company... When I contacted my new HR at that time.., he told , if myself & my wife have valid I -94's with previous company .., that's enough..

But your's case is little different (from L1 to H1).

I personally think it should not matter..

Better you contact your company Attorney or some one may shade you in this forum..
 
Thanks Star..

Thanks Buddy. I am little bit relieved of this but not fully. Someone told me that as long as she (my wife ) had valid I-94 she shud be fine .Also somebody told em that as long as she has not crossed 180 days without visa, then she is fine.

Thanks
Packer
 
Greenbay said:
Thanks Buddy. I am little bit relieved of this but not fully. Someone told me that as long as she (my wife ) had valid I-94 she shud be fine .Also somebody told em that as long as she has not crossed 180 days without visa, then she is fine.

Thanks
Packer
Click to expand...
I'm not sure whether your wife was in status during the period when she was on L2 and you were on H1. I strongly feel that she was out of status. But since the time period when she was out of status is less than 180 days, her I485 will not be impacted in any way. She's covered under section 245(k).
 
Thanks nandpc

Thanks a lot nandpc.I hope there won't be any problem in her I-485 approval.
Actually she was not feeling well during that time and was almost for a month I had to look after her and in the mean time my new H1 got approved and the new company told me to join asap.Between these troubles I fotgot about applying for her H4 and after joining I realised and then immediatly I applied.After I joined the new company, approx in 35 days her H4 was received by INS-NSC.

I will update the forum if some new development happens.

Thanks and GL in yiur GC journey.

Packer
 
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