Missing I-94 to proove legal status

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balurams

Registered Users (C)
My Spouse in H4, had H4 approval notice from March 2001 - April 2003. He got his visa stamped based on my H1B in March 2002 by revalidating at st. Louise office. His visa stamp was valid until August 2004.

In between he left US on October 2002 and returned on November 2002(His I-94 was valid from November 2002 to August 2004). We did not make a copy of this I-94 when he left US again on January 2004 and came back on February 2004.

Now we do not have a proof that he has maintained a valid status between April 2003(when his H4 approval ended) and February 2004 when he returned US the second time since we do not have a copy of the I-94 and he has no H4 approval notice during this period since his H4 stamping was based off of my H1B visa.

What should we do to prove that he maintained a valid status in US all the way?

Thanks,
 
balurams said:
My Spouse in H4, had H4 approval notice from March 2001 - April 2003.
He got his visa stamped based on my H1B in March 2002 by revalidating at st. Louise office.
His visa stamp was valid until August 2004.

In between he left US on October 2002 and returned on November 2002(His I-94 was valid from November 2002 to August 2004).
We did not make a copy of this I-94 when he left US
------that is ok as he gave the I-94 at airline counter before going out of US and that I-94 went to USCIS record
again on January 2004 and came back on February 2004.
-------------- it means he got New I-94 when he came back February 2004
Now we do not have a proof that he has maintained a valid status between April 2003(when his H4 approval ended) and February 2004 when he returned US the second time since we do not have a copy of the I-94 and he has no H4 approval notice during this period since his H4 stamping was based off of my H1B visa.

What should we do to prove that he maintained a valid status in US all the way?
---------------- what is the validity of his I-94?
what is the validity of your H1? your I-94 validity?
did you file H1 extension and filed for spouse H4 extension also??


Thanks,
Click to expand...
** you post has confusion? post clearly stepwise sequesnce of events
Like:
1. I cam to US on H1 on date.... and my I-94 is valid till...
2. My spouse came to US on H4 got his first I-94 valid till...
3.He departed US on... and gave his I-94 at airline conter
4.He entred on H4 again and got I-94 valid till....
....
....
.....
......
 
1. He first entered US in 8/1999. He got his Visa stamped in spouse's H1B approval notice. The validity date on that visa was 07/1999 - 03/2001.

2. Got his H4 extension approval notice from 02/2001 - 04/2003.

3. He applied for VISA revalidation at DEPARTMENT (Washington) based on Spouse's H1B approval notice and got his visa stamped on 03/2002. The validity period on that visa was 03/2002 - 07/2004.

4. He left US using that visa stamping/I94 on 8/2002 and ented US on 09/2002. (We do not have a copy of this I-94)

5.He left US again on 01/2004 and entered in 02/2004. We do have this I-94 and subsequent H4 approval notices.

So, at step 2, since the H4 approval was valid until 04/2003.Even though he got his visa stamped (Step 3) which was valid thru 07/2004, we do not have a I-94 (step 4) to say that he maintained a valid status between 04/2003 and 02/2004.
 
balurams said:
1. He first entered US in 8/1999. He got his Visa stamped in spouse's H1B approval notice.
-------- he got H4 visa stamp in his passport based on his spouse H1 approval
The validity date on that visa was 07/1999 - 03/2001.

2. Got his H4 extension approval notice from 02/2001 - 04/2003.

3. He applied for VISA revalidation at DEPARTMENT (Washington) based on Spouse's H1B approval notice and got his visa stamped on 03/2002.
The validity period on that visa was 03/2002 - 07/2004.

4. He left US using that visa stamping/I94 on 8/2002 and ented US on 09/2002. (We do not have a copy of this I-94)
------------ but he got I-94( in you dont have copy what is the problem???)
5.He left US again on 01/2004 and entered in 02/2004. We do have this I-94 and subsequent H4 approval notices.
--------------that is enough
So, at step 2, since the H4 approval was valid until 04/2003.Even though he got his visa stamped (Step 3) which was valid thru 07/2004, we do not have a I-94 (step 4) to say that he maintained a valid status between 04/2003 and 02/2004.
---------------he has the latest valid I-94 and that is enough.
Click to expand...
 
missing i-94

But I have to submit all the I-94/H4 approvals to that I have stayed legally in US, which is required for I-485 filing.

What are the options that I have now? Is there a way that I can get a copy of the I-94 from the port of entry?

Thanks,
Ramya
 
balurams said:
But I have to submit all the I-94/H4 approvals to that I have stayed legally in US, which is required for I-485 filing.
------------ submit the latest I-94 copy(front and back) and copy of all the passport pages that have US entry stamps
What are the options that I have now? Is there a way that I can get a copy of the I-94 from the port of entry?
-not needed
Thanks,
Ramya
Click to expand...
 
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