Jim M, experts: Please help with complex I-94 CoS problem

T

tt tt

Registered Users (C)
Hello All,

This is my wife\'s situation
1) Came to the USA on a H4 visa.
2) Filed for H4-H1 change of status.
3) while CoS was pending , visited canada for 3 days and came back
   with the samw I-94 card and no stamp on the passport.
4) Got approval for the CoS.
5) Visited canada after that , came back showing the new approval
   notice, at this time the INS officer removed the origianl white
   I-94 H4 status card and said that the I-797 notice\'s I-94 is
    the latest valid I-94, again no stamp on the passport.
6) Started working based on the approval notice, got SSN , paystubs etc.
7) applied for AOS ( as dependent ) in which the lawyer listed status
   of entry as H4 ( since the job had not really started then ) and
   current status as H1. port of entry as buffalo, from canada.

Now my question is : is she ok as far as status is concerned ?

regards
tt
 
Speak to an attorney about this

INS issued a memo this summer that indicates that international travel while a COS is pending is abandonment of the COS petition. Some attorneys will say that INS never should have approved the COS but since they did they exercised their discertion and the approval is valid. Other attorneys will say that the COS petitition is abandoned and therefore the approval notice is invalid (INS just hadn\'t realized the abandonment when they issued the approval notice).

Find out what your attorney will say about this since s/he is the one that will be helping you out of any mess that the advice may create.

Jim
 
thanks Jim, however

since the INS did never stamp the passport or issue/take away
any I-94 or even swipe the visa thru their visa reader machine...
I dont think they have any record of that visit at all.
anyway I will check with my attorney.

thanks
 
You said that she got approval of the COS

I assumed that INS issued I-94s with the I-797 approval notice. If I am incorrect, that changes the analysis entirely.

Jim
 
Mumbai or Chennai consulate

Hey Guys!! I am from chennai and my wife is from Mumbai. We are planning to get her H4 Visa stamped and I was wondering if I need to stamp it at Chennai or Mumbai or does it even matter?

thanks for your help
 
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