I485 issue with I-94

H

Hemang

Registered Users (C)
I has a issue here and looking for the best possible solution available.

I-94 of my family has been expired since July 29th, 2002. I have H1B extension approval notice and I94 received along with it - valid till March, 2002.

On the basis of my H1B extension, my passport and my family passport has been revalidated till March 2003.

Now for filing I-485, attorney is asking for extension approval for my family or valid I94. I do not have either one of these.

One of the advices I received was to go to Canada and comeback with valid I94.
Can anyone share their similar experience or advice me the best solution for the same?

Was also told that when you go and come back from Canada, they do not issue new I94. I am confused !

TIA.

HM.
 
You have I-94

No need to go to Canada. You have a valid I-94. It is part of the Approval notice. It is the Right half of the lower portion of the Approval notice. Just provide a copy of that with you original expired I-94 - if you have that. If not just provide the copy of the Lower portion of the Approval notice.

Don't waste time and money by going to Canada and such uneccessary plans - unless ofcourse you want to check out Canada and you needed an excuse.... he he...

Hope this helps.
 
I94 expires on 12/31/02

My I94 Expires on 12/31/02. I have filed 485 on sept 18th. Just wondering what will be my status be? after 12/31/02. What should I do to be in status? I heard that once you file AOS you are pending Status so no need to go out of country. All I have to do is Wait for AP to come in.:confused:
 
Hemang ... u are in a tricky situation ..

ur family is out of status and accruing illegal time in the US .... One has to be in status to Apply for 485 but one could have upto 6 months of time after expiry of I-94 ... this is probably 245(k) ... under this regulation, ur family should be able to apply for 485 ... but that time expires Jan28th 2003 .... so tell ur lawyer u can apply for them under 245(k) .....

If they accrue more than 6 months time then 3 yrs bar comes into play so hurry and get it resolved ....
 
Hemang,

Your note is not clear. Has your extension been approved till March 2002 or March 2003?

If till March 2003, then you're in status. Your approval notice would have a I-94.

You also say that your family's passport has been revalidated based on your extension. Could you explain? Did you apply for an extension of their H4 status based on your H1B extension? If they received an approval notice from INS, then they are in status. The approval notice would contain their I-94.
 
Correction

My Visa and I94 is valid till March 2003 but my family's I94 was valid till July 2002. In the first week of July 2002 I sent all our passport for visa revalidation based on new I94 that I received with my H1B extension approval notice. I did not get extension approval for my family. My company did mistake in this matter. Now my family is out of status from I94 point of view but has valid visa stamped on the passport till March 2003.
 
Question for IM9999

If I ask my lawyer to file I485 under article 245(k) do I have to pay penalty for my wife and kids ? Do I get Advance Parole for my family and Work permit for my wife ?

Thanks for all your help !!!
 
there is no penalty for 245(k) ...

do not mistake it for 245(i) ..... when u are in the US , the visa has no meaning its the I-94 that rules .... so as the later has expired, they are accruing illegal time .... illegal time is worse than out of status and has dire consequences like a 3 or 10 yr ban from the US .....

245(k) basically lets u get at the max 6 months of illegal time without any issues ....

So explain to ur lawyer the situation and they should file for ur as well as ur families 485/EAD/AP asap..... ur family will get EAD and AP ... there should be no problem ... good that u woke up before the 6 months had expired or else .... !!!!!

All the best ! Let me know if you have any more questions ...
 
You must log in or register to reply here.
Top