Need Help !! Am I out status?

R

rfe

Registered Users (C)
My H1 was valid till 2003. I applied for 485 on 11/00. I went out of USA and came back on 3/01. What had happened was when I came on 3/01 the officer on the port of entry give a new I-94 which he mistakenly put “Admitted until 10/01”. But my H1 was valid till 2003. I still have that bottom part of the I-94, which comes with the H1 approval notice.
I told my lawyer about this and she told me that I would be fine because I still have the H1 approval and the old I-94, which read valid until 2003. But I was little confused and asked my lawyer to apply for My EAD. At first she was reluctant to apply for my EAD. Later she applied for EAD and The RD was 9/01. But the EAD was approved on 12/01, which was after 10/01.
Am I out of status for that period?
I read in this discussion board that once some one applied for the I-485 then he is on status. I don\'t know how true it is?
 
Tell your attorney to get a copy of the Aytes memo

Michael Aytes (INS Assistant Commissioner) wrote a memo a few years ago that addressed this situation. Get a copy of the memo from your attorney and go back to the port of entry and have them correct the error (they\'ll issue another I-94 with the correct validity date). If they refuse, you need to go to the district office with jurisdiction over the port of entry and they will correct the error.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
 
No Title

Thanks
This happened to me on 3/01 then on 7/01 I went to Canada and came back the officer did the same thing when I told him that my H1 is valid till 2003 then he told me that I violated the status of my I-485 by traveling on H1 and he did not correct the problem.
Then I went to local office to correct the issue they told me that they couldn’t do any thing. And told me that again I have to go out and come back.
Then I forced my lawyer to apply for my EAD.wihich was one and half months before the expiration of the I-94. And the EAD approved on 12/01
Now I got a RFE from the INS that I document that I was present in the USA without break in the status.
 
I-94 correction

What you need to do is as Jim suggested is to get your I-94 corrected.
I had this problem in 1998 and got mine and my family\'s I-94\'s corrected at the port of entry. However, I did this before the date (albeit thee wrong date) on the I-94 expired.
I also know of a colleague of mine who got it corrected last year at the INS district office almost 13 months after the (incorrect) I-94 expiry date.
You should be fine. Good luck
 
No Title

Thanks Nachos
My question is did I break the status ? I applied for the EAD I have the receipt notice which was filed 2 months before the expiration of the i-94?
My lawyer always tell me that My old I-94 which say valid till 2003 will cover it.
 
the latest I-94 is the valid one...

In your case the latest I-94 was valid until 10/1. But Since
you had already applied for 485 , you need not worry about the
status part, but you may have to worry about the working permission
part...search yahoo for the memo Jim M was referrring to and you
should get it.
If you have worked for those 2 months 10/1 to 12/1 when the EAD was
in process but not valid, then that\'s the sticking point.
try going to the INS office at another time when another possibly
more sympethetic officer is on duty.
 
You must log in or register to reply here.
Top