I-94 expiry and I-140/485(AOS) applications

[buzzingbee]

Hi

My wife recently entered the United States on her H4 visa (with an expiry on the visa same as my H1B of 2006). However the immigration officer gave her an I-94 with validity until October of 2004

When I contacted my lawyers, they asked me to file for an extension of stay for my wife (which they informed me takes about 4 months).

I also recently got my Labor Certified and am filing for my next stage concurrently (140/485). So my questions to all you gurus are

1.> is it correct to go ahead and file the extension ??
2.> will this filing for extension interfere with the AOS (485) filing ?? (assuming that the lawyers submit the paperwork in 2 weeks)
3.> what are the other options that I have ??

Awaiting your replies.
Thanks,
-buzz

 

[ginnu]

Hi

My wife recently entered the United States on her H4 visa (with an expiry on the visa same as my H1B of 2006). However the immigration officer gave her an I-94 with validity until October of 2004
---- if she has H4 Visa stamp till 2006, she can get her I-94 corrected from same POE office or can try local USCIS office
When I contacted my lawyers, they asked me to file for an extension of stay for my wife (which they informed me takes about 4 months).
----- yes you can file H4 extension before her I-94 expires
I also recently got my Labor Certified and am filing for my next stage concurrently (140/485). So my questions to all you gurus are

1.> is it correct to go ahead and file the extension ??
---- yes, file
2.> will this filing for extension interfere with the AOS (485) filing ??

(assuming that the lawyers submit the paperwork in 2 weeks)

---NO problem, both are diffrent petitions, and she must have valid I-94 when her I-485 is filed. one can file I-485 and at same time can file H4 extension
3.> what are the other options that I have ??
------ i dont know what you want to know? just file EAD and AP for you and her when you file her I-485. once she gets EAD she can get SSN or can work
Awaiting your replies.
Thanks,
-buzz

 

[buzzingbee]

Hi ginnu

Thanks for your fast reply.

At this point my other question that remains at this point is whether it's better to file via the lawyers for an extension of I-94 or to go to the local BCIS (or does not matter how the extension is filed for)

-buzz

 

[ginnu]

Hi ginnu

Thanks for your fast reply.

At this point my other question that remains at this point is whether it's better to file via the lawyers for an extension of I-94
--extension of H4 is filed with USCIS through form I-538, you can use lawyer to file , if you are expert then read the I-539 form and we will help you to file H4 if you dont understand how to file H4 extension
or to go to the local BCIS (or does not matter how the extension is filed for)
--- If the extension of H4 is filedbefore I-94 expiry date with USCIS then no need to visit local USCIS


*** READ the RECENT MEMO for I-94 corrections see if your wife qualify to get it corrected by Local USCIS:
To: Regional Directors
Service Center Directors
District Directors
From: William R. Yates /S/
Associate Director for Operations
Date: March 30, 2004
Re: I-94 Errors Issued by U.S. Citizenship and Immigration Services
This memorandum provides guidance for cases in which CIS or Asylum offices issue an I-94
with erroneous information. Should an alien enter a USCIS district office and demonstrate to a CIS
officer that some information on an I-94 issued either by USCIS or an Asylum office is incorrect, the
officer shall provide the alien with a new I-94 with the correct information. Some examples of
errors can be a misspelled name or other data entry error at a Service Center, or, occasionally, an
incorrect date of admission. The officer must be clearly convinced from the alien’s statements and
the evidence presented that the I-94 was in fact issued in error and that neither the original error nor
the proposed correction involve deliberate deception or fraud on the part of the alien. If the officer is
not, the alien should be advised to file Form I-102.
This memo does not cover any I-94s issued by U.S. Customs and Border Protection (CBP).
Should an alien enter a CIS office and ask for a new I-94 based on an I-94 issued at a port-of-entry
or otherwise by CBP, the CIS officer should direct the alien to CBP in accordance with that agency’s
procedures.
This change will be incorporated into the Adjudicator’s Field Manual (AFM) in the near
future. Until such time as that change is affected, all officers should adhere to the guidance
contained in this memorandum.
This memorandum is intended solely for guiding USCIS personnel in performance of their
professional duties. It is not intended to be, and may not be relied upon, to create any right or
benefit, substantive or procedural, enforceable at law by any individual or other party in removal
proceedings, in litigation with the United States, or in any other form or manner.
HQOPRD 70/42.10
425 I Street, NW
Washington, DC 20536