Need Some help Please

V

vidisha

Registered Users (C)
Hello People

This might not be the right thread to place my query but I thought I must try putting it here as someone might answer my question.

Here is my situation..In 2002 I visited India and when I came back to US, my I-94 was stamped till Aug 11 2003. Then I applied for extension of stay i.e I-539. I have been granted extension of my H4 visa which is valid from Aug 11, 2003 till December 22, 2004. The I-797 INS has sent me for my H4 visa extension has a small portion on its right hand side which says "TEAR IT OFF AND STAPLE IT TO YOUR ORIGINAL I-94".

This month I am planning to go to India again but on my AP as I dont have my H4 visa stamped. So I thought of using my AP to travel instead.

My question is:

1. When I board my flight from Atlanta airport for India, which
I-94 should i turn in to the agent there ? The original one (which was stamped by INS officer at port on entry in 2002) or the one which came with my H4 extension or both ?

2. The small portion in I-797 which is to be attached to original I-94 only has my name, date of birth and SRC number. It does not say anything about I-94 valid from... till.. etc. So looking at the new I-94 stab, how would the INS people at airport determine that my stay in US was legal the whole time ? I am a little worried about it.

3) Is it safe to travel on AP? Different people have different opinion about AP which confuses me as to whether I should travel on AP or not.

Folks, I know my questions are too long. But I might get lucky and someone might answer them. It will be a great help to me.

Thank you all in advance

Vidisha
 
1. as stated you have to staple both the i-94 and give it to the airline people

2. uscis will know its validity. dont worry. try to have copies of all i-94 before giving it back. it may be helpful for your greencard process later.

3. i guess you mean entring usa using AP. generally it is upto the port of entry officer to admit you whether you are in AP or any kind of visa. unless there is any security issues you will not have any problem entering with AP or any proper visa. some nation requires you to have valid visa stamp in your passport (not just valid h1/h4 renewal approval notice) to transit thru their country - else you may need to have transit visa. check with your travel agent.
 
Originally posted by vidisha

1. When I board my flight from Atlanta airport for India, which
I-94 should i turn in to the agent there ? The original one (which was stamped by INS officer at port on entry in 2002) or the one which came with my H4 extension or both ?
Click to expand...

both.

Before you travel on AP, determine the anticipated date of your 485 approval. If it is pretty close, you might want to avoid it as AP is invalid if the 485 is approved. You can research on the topic in detail.
 
Thank you very much for you reply Alren.

People..I have one more question. As i mentioned in my previous message. I have my H4 valid till Dec 2004. But originally what happened is.. when my first I-94 (white one) expired last year Aug in 2003, my husband's company forgot to apply for my H4 extension at the same time. Anways after 2 and half months of the expiration of I-94/H4, my H4 extension was filed and it got approved from the same date as the date of my first I-94 expiration and valid till Dec/dd/2004. I have read on many forums that unless one has overstayed his/her visa in US, he/she won't have any problem in entering US on AP.

Reading my situation, do you feel that I have overstayed in US as my extension of H4 visa was filed after 2 1/2 months of the expiration of my I-94/H4 ? Once again I am mentioning that the new H4 extension and I-94 that came along with the extension is valid from the same date as the date of expiration of the previous I-94/H4 and valid till Dec/dd/2004. I am a little concerned as I have never travelled on AP before and I just dont want to get stuck at POE. So wanted to make sure that I have not overstayed.

Any help, any information on this shall be highly appreciated.

Thank you well in advance
 
vidisha

you have overstayed here unlawfully for 2.5 months. this may not bar you for 3 years. but no one can be sure how uscis calculates your unlawful stay here - as your h4 may be invalid then your stay since the expiry of old h4 till date. consult your case with very competant lawyer.

its uscis mistake to approve your h4. if by gods grace if you reenter without any problem then those overstay is considered overrided (check with your lawyer asap). as you are still in usa i am not sure if that h4 is still valid (not the petition ; extension of status - i94).

did you file your i485 before the expiry of the old h4?. if so then you are safe. you are now considered to be in adjustment of status pending and not h4 - in which case you may enter using AP or with valid h4 visa stamp.

your case may be complex later. consult your lawyer immediately. it is better not to travel out of usa UNTIL your greencard gets approved.

remember that you have to admit that you over stayed your visa (if i485 is not filed prior to the expiry of old h4) whenever uscis ask for.

my sincere suggestion for you is to consult competant lawyer immediately and it would be better not to travel out of usa until your i485 is adjudicated to be in the safe side.
 
Thank you very much saigc

Although my extension of H4 was filed after 2.5 months but the extension I got is effective from Aug 11 2003 Itself. Means the previous I-94 was valid till Aug 11, 2003 and the H4 extension (I-797) I got is valid from Aug 11 2003 til Dec 22, 2004. So there is no gap in the dates of my I-94.

Did I still overstay illegally ? No I filed my I-485 once my H4 extension was granted.
 
i still wonder how uscis can approve your extension of status (i94). it is their mistake. eventhough its their mistake it later boiled down to us. did you file any other petition in the meantime between the expiry of old h4 and the new h4.

there were cases who entered on h4 but their i94 states as h1 by mistake.

when did you apply for h4 extension. what did you mention about your current legal status. h4?

please consult with good lawyer asap before departing from usa.

when did you file your i485. do you expect it be adjudicated shortly based on current processing time. if so, then try to postpone the trip.

remember that if you try to enter using h4 then you may be allowed. but if you try using AP then you may have to undergo secondary inspection in which scenario your entire part history will be investigated.

please proceed with caution.
 
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