Intent to Deny I-485 due to expired I-94

[please_help]

Friends! Please suggest me in this burning expired I-94 issue.
My wife has recently received Notice of Intent to Deny I-485 due to expired I-94 from UCICS.

Her initial H4/ I-94 expired on 05/31/02 while she was in US and got it revalidated from St.Louis Visa office on 06/05/02 using my H1 Visa(Unfortunately we were not aware of processing H4 document along with my H1 at that time, so she did not get any new I-94).

Her I-485 was filed on 08/18/03 along with mine and We got EAD, AP with in 2 months and we have been using them, getting renewed for last 2 years).
She went to India in 04/04 and reentered US in 06/04 using Adv Parol. At this time she got the new I-94 and paroled till 06/05.

on 06/25/06, She got RFE on I485 for the evidence of her H4 status during the period from 05/31/02(H4 expiry date) to 08/18/03(the date I485 aplied).
We have responded with her H4 Visa stamping proof on 06/05/02 and all the I-94s( from 03/00 to 05/02) and (06/04 to 05/05).

Now she got a Notice of Intent to Deny her I-485(leading for 10 year bar) saying this as insufficient and asked for any evidence of valid H4 document or I-94 for period 05/31/02 to 08/18/03, allowing 30 days time.

My 6 years of H1 already passed and used 2 years of EAD/AP with out going for 7th year extension.
So, Please advise me how we can proceed in this situation. Has any body of you/ your friends got the similar kind of situation? What are the possibilities and the different ways to answer this?
Thankyou for your quick help in advance.

 

[can_card]

Friends! Please suggest me in this burning expired I-94 issue.
My wife has recently received Notice of Intent to Deny I-485 due to expired I-94 from UCICS.

Her initial H4/ I-94 expired on 05/31/02 while she was in US and got it revalidated from St.Louis Visa office on 06/05/02 using my H1 Visa(Unfortunately we were not aware of processing H4 document along with my H1 at that time, so she did not get any new I-94).

Her I-485 was filed on 08/18/03 along with mine and We got EAD, AP with in 2 months and we have been using them, getting renewed for last 2 years).
She went to India in 04/04 and reentered US in 06/04 using Adv Parol. At this time she got the new I-94 and paroled till 06/05.

on 06/25/06, She got RFE on I485 for the evidence of her H4 status during the period from 05/31/02(H4 expiry date) to 08/18/03(the date I485 aplied).
We have responded with her H4 Visa stamping proof on 06/05/02 and all the I-94s( from 03/00 to 05/02) and (06/04 to 05/05).

Now she got a Notice of Intent to Deny her I-485(leading for 10 year bar) saying this as insufficient and asked for any evidence of valid H4 document or I-94 for period 05/31/02 to 08/18/03, allowing 30 days time.

My 6 years of H1 already passed and used 2 years of EAD/AP with out going for 7th year extension.
So, Please advise me how we can proceed in this situation. Has any body of you/ your friends got the similar kind of situation? What are the possibilities and the different ways to answer this?
Thankyou for your quick help in advance.

It was your or your lawyer's mistake in not applying the H4 extension along with your H1 extension. H4 visa in your wife's passport (based on your H1B approval notice) will not give her any status in US. It is only a travel document. Therefore, it is best to consult a good attorney in this situation. My feeling is (may not be best), just request them to not to deny the 485 as it was due to ignorance and explanin them that it will lead to family seperation etc..