Out of Status, I-94 questions for 485 processing

Here we go:

http://uscis.gov/lpbin/lpext.dll/in...t-frame.htm#afm-95-redacted-begin-95-redacted


30.1 Maintaining Status.

(4) Effect of Decision on Unlawful Presence and Tolling.



(A) Approved Applications. If USCIS approves an E/S or C/S application, the alien will be granted a new authorized period of stay, retroactive to the date the previously authorized stay expired, as applicable to the nonimmigrant classification under which the alien was admitted (or to which the alien had previously be changed) pursuant to 8 CFR 214.2. No unlawful presence accrues. This applies to aliens admitted until a specific date and aliens admitted D/S.

And BTW your's is the most rediculous decision of INS I 've ever heard.

but as I said before. Try to shift the gears. Apply for correction of record and 824 explaining this clause and requesting new I-94 with the starting date that is end of your previous status. When you obtain this you can refile MTR base on nw evidence.
 
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PaulK, Just read about your wife's denial. I am so sorry to hear the news. I hope you have filed for MTR and hopefully this case would go in a positive side or give you enough time atleast till the birth of your child. I will pray for you and your wife.

Just a little update from my side, my case has been approved . I was kind of expecting this as my case didnt have any unlawful presence or I-94 problems. I was not paid for 183 days while I was on H1 .That worried me so much but my DH wasnt worried at any time. He was so positive that there wont be any problem in my case and he was right :) ..
 
Honeyarjun said:
PaulK, Just read about your wife's denial. I am so sorry to hear the news. I hope you have filed for MTR and hopefully this case would go in a positive side or give you enough time atleast till the birth of your child. I will pray for you and your wife.

Just a little update from my side, my case has been approved . I was kind of expecting this as my case didnt have any unlawful presence or I-94 problems. I was not paid for 183 days while I was on H1 .That worried me so much but my DH wasnt worried at any time. He was so positive that there wont be any problem in my case and he was right :) ..
Click to expand...

Wow, congragulations!
My wife has a similar case to yours...no illegal presence, no I-94 issues, however wasn't paid for 184 days from the start of her H1 until she went on project. Now she's converted to H4(since the EAD arrived), and is waiting...Was your case similar?
 
Dabuk,

Your wife's case sounds similar to mine but with a small difference. I wasnt working my full H1 period, after coming to know abt this 180 days rule I immediately converted to H4. Is your wife working on EAD now ? Then her H4 is no longer valid. Its not a problem , Just wanted to let you know in case. I hope my approval could give some hope to you and to other people in similar situation. Good luck to you and your wife for your GC.
 
Honeyarjun said:
Dabuk,

Your wife's case sounds similar to mine but with a small difference. I wasnt working my full H1 period, after coming to know abt this 180 days rule I immediately converted to H4. Is your wife working on EAD now ? Then her H4 is no longer valid. Its not a problem , Just wanted to let you know in case. I hope my approval could give some hope to you and to other people in similar situation. Good luck to you and your wife for your GC.
Click to expand...

HoneyArjun,

Right now, she's not working (hasn't activated the EAD yet), but plans to work in June. However, she was in H1 status when the AOS petition was filed, and was working at the time, and was getting complete wages. I was slightly worried about the scenario where her application gets denied, and if she lost her consulting job on H1, then there would be serious issues, since then there is a break in employment, and that's more serious than working on H4 with an EAD. Since, technically, it's not illegal, but a violation of H4 status.

Basically, the thing in my opinion is this: One should maintain non-immigrant status even during the AOS period. If anything occurs such that the AOS gets denied, one must still have the option to do CP. That was the lawyers reasoning behind advising my wife to get an H4 stamping done after her AOS was filed, and as soon as her H1 consulting got over.
 
Hi

I think my sister has similar problem. she came on h1b and try change to f1 but was denied due some reason and they said she can retain her h1b status.
so she filed for h1b extension and got approved. she didn't have w2 for almost 2 years before new h1b and she is working currently on h1b for past 2 years. she went to india and came back on new h1. Now is it a problem if she is added as a dependent on 485 application.

Thanks
gopi
 
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