Honeyarjun
Registered Users (C)
I am really sorry for my long winded post but please do read it. I would appreciate any help.
History
I came to US in sep 2003 with a H4 visa valid upto July 2004. Then when my husband extended his H1 , I also got my H4 extension upto July 2007 and went to Canada and got the new visa stamped in my passport. After that I got H1 through a consulting firm in Dec 2004. The consultancy couldnt get me a project for 6 months and I was so ignorant regarding the immigration rules that time. One day I came across this information that if you stay in H1 without pay then you will become 'out of status'. I panicked and spoke to my husband's company lawyer and she advised me to convert to H4 asap and we filed I-539 and changed my status to H4.
Today my husband's company lawyer is filing our 140 (husband's) and 485 applications. I have a few questions regarding 485 processing. I understand that we can be out of status upto 180 days when we file for 485 (according to 245(k)). But I think I was out of status for 185 days (if the days are calculated from the H1 approval to H4 receipt date) or 198 days (if the days are calculated from the H1 approval to H4 approval date). I am not eligible for 245(i) as my husband's PD is June 2001 and I was not physically present in US in Dec 2000.
Questions
1. I understand that I was out of status for more than 180 days , how is it going to affect my 485 processing. Will it be denied ? or will I get RFE asking me to prove my status during that period? in that case what should I reply for that RFE ??
2. I am planning to go to my country next month. I still have a valid H4 visa stamped in my passport upto 2007 with valid I-94. Do I have to get the new H4 I got after the H1-H4 conversion stamped in my passport to enter into US?. I enquired the immigration office and sent an email to the US embassy in india and they replied me that I can still use the old H4 visa (which is valid upto 2007) stamped in my passport to come back to US. Is that okay ? what if at the POE , the system flag me out of status for more than 180 days. Will I be banned for 3 years as a consequence for this out of status condition ? Will be denied entering US at the POE?
3. Also while returing back the I-94 to the airline, I think I have to submit all the I-94's I have right now. While coming back from canada they didnt give that white I-94 paper, instead the immigration officer tore the I-94 from my 797 and stamped it to my passport. so now I have this I-94 and also the one from the new H4 797 paper but I do not have the I-94 frm the H1 paper which is with my consultancy. Will it cause any problem if I do not return that I-94 from my H1 paper?
4. All my I-94 numbers are the same but my husband's latest I-94 number stamped in his passport is different from the I-94 number came with his H1 paper. (He traveled 3-4 times out of the country after getting his H1 extension in sep 2004). Will this change in I-94 # cause a problem in his GC processing ? Also which number we got to use to fill the 485 form, one in H1 paper or the one in his passport now?. We used the latest number he has in his passport. Is that okay ??
I would greatly appreciate any help regarding my questions. I am really worried about my 'out of status' condition. My husband doesnt bother about his GC processing and he says his lawyer would take care if there is any problem. He also says "if that 'out of status' was a problem , USCIS would have raised an RFE or denied my H4 application (latest H4) itself. Since they accepted my H4 petition and approved it, I am in a valid status now and it is not going to affect my 485 processing". But I think that H4 was based on his legal H1 status and thats why it was not denied and USCIS will start scrutinizing the status problems only in the 485 stage. Am I right ?
History
I came to US in sep 2003 with a H4 visa valid upto July 2004. Then when my husband extended his H1 , I also got my H4 extension upto July 2007 and went to Canada and got the new visa stamped in my passport. After that I got H1 through a consulting firm in Dec 2004. The consultancy couldnt get me a project for 6 months and I was so ignorant regarding the immigration rules that time. One day I came across this information that if you stay in H1 without pay then you will become 'out of status'. I panicked and spoke to my husband's company lawyer and she advised me to convert to H4 asap and we filed I-539 and changed my status to H4.
Today my husband's company lawyer is filing our 140 (husband's) and 485 applications. I have a few questions regarding 485 processing. I understand that we can be out of status upto 180 days when we file for 485 (according to 245(k)). But I think I was out of status for 185 days (if the days are calculated from the H1 approval to H4 receipt date) or 198 days (if the days are calculated from the H1 approval to H4 approval date). I am not eligible for 245(i) as my husband's PD is June 2001 and I was not physically present in US in Dec 2000.
Questions
1. I understand that I was out of status for more than 180 days , how is it going to affect my 485 processing. Will it be denied ? or will I get RFE asking me to prove my status during that period? in that case what should I reply for that RFE ??
2. I am planning to go to my country next month. I still have a valid H4 visa stamped in my passport upto 2007 with valid I-94. Do I have to get the new H4 I got after the H1-H4 conversion stamped in my passport to enter into US?. I enquired the immigration office and sent an email to the US embassy in india and they replied me that I can still use the old H4 visa (which is valid upto 2007) stamped in my passport to come back to US. Is that okay ? what if at the POE , the system flag me out of status for more than 180 days. Will I be banned for 3 years as a consequence for this out of status condition ? Will be denied entering US at the POE?
3. Also while returing back the I-94 to the airline, I think I have to submit all the I-94's I have right now. While coming back from canada they didnt give that white I-94 paper, instead the immigration officer tore the I-94 from my 797 and stamped it to my passport. so now I have this I-94 and also the one from the new H4 797 paper but I do not have the I-94 frm the H1 paper which is with my consultancy. Will it cause any problem if I do not return that I-94 from my H1 paper?
4. All my I-94 numbers are the same but my husband's latest I-94 number stamped in his passport is different from the I-94 number came with his H1 paper. (He traveled 3-4 times out of the country after getting his H1 extension in sep 2004). Will this change in I-94 # cause a problem in his GC processing ? Also which number we got to use to fill the 485 form, one in H1 paper or the one in his passport now?. We used the latest number he has in his passport. Is that okay ??
I would greatly appreciate any help regarding my questions. I am really worried about my 'out of status' condition. My husband doesnt bother about his GC processing and he says his lawyer would take care if there is any problem. He also says "if that 'out of status' was a problem , USCIS would have raised an RFE or denied my H4 application (latest H4) itself. Since they accepted my H4 petition and approved it, I am in a valid status now and it is not going to affect my 485 processing". But I think that H4 was based on his legal H1 status and thats why it was not denied and USCIS will start scrutinizing the status problems only in the 485 stage. Am I right ?
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