Need Clarification.

[svt2003]

Hi,

I am on H1B since 1999(Continues ststua) but one mmistake that I forgot to renew my spouse H4. So she was out of status from Dec'2001. After long time , realized and applied for 539 and was denied too. During this time I have been changing employers and with one employer our LC was approved before April'30th 2001.

Now Our lawyer used my old LC and applied AOS for me and wife and paid $1000 penalty for my wife application.

Today I have asked my lawyer that where can I check processing times for AOS who are using life act. As NSC is not processing them.

My lawyers said "my wife is not applying under the Life Act, but as derivative beneficiaries under my application. This will be
adjudicated at NSC."

Q1. If she has not applied using life act why we have used Old LC and why we paid $1000 extra?

Q2. If both applications processed at same place is there any effect on my application as my wife went out of status ?

Can any one clarify me please?

Thanks.

 

[sixwalks]

I-485 receipts

If you have received your I-485 receipts for both yourself and your spouse then she is technically in status. Once she receives the EAD and advance parole she can travel back to her home country and get the visa stamp but at that time it is not required.

All you had to do when you originally forgot to file the H-4 was file a non pro tunc case admitting your mistake and she would have remained in status based on your honesty.

The $1000 issue is something you need to speak with your attorney about.

 

[svt2003]

My lawyer told that she can not leave the country till she gets her GC . The movement she leaves , 10 years ban automatically triggers. He does not even want to apply for AP for my wife.

Regarging I-485

We have received all receipts. I got some reply from lawyer as folllows
"We used the Section 245(i) extension provisions found in the Life Act ,not the portion of the Life Act that goes to the Missouri. They are two separate programs".

What is 254(i) extension provision ?


Thanks.