Out of Status

C

charles_Kaola

Registered Users (C)
My wife was in H1 status before 12/18/04. She applied for H4 from 12/18/04 to 06/01/05. But it was denied on April 20, 2005. Then she reapplied H4 and got the H4 visa from 6/2/05 till 5/31/08.
So my question is she was out of status before her second H4 application got approved, will this affect her green card application?
Many thanks!!
 
Here is my view of your case. Your wife was out of status between April 20, 2005 and June 2 2005. But since this period is less than 180 days, She's fine with respect to her Green card application. You can search the web for 245 (k). This is the rule that covers her up.
 
charles_Kaola said:
My wife was in H1 status before 12/18/04. She applied for H4 from 12/18/04 to 06/01/05. But it was denied on April 20, 2005. Then she reapplied H4 and got the H4 visa from 6/2/05 till 5/31/08.
So my question is she was out of status before her second H4 application got approved, will this affect her green card application?
Many thanks!!
Click to expand...

Why did first time it was denied?
 
Plz

nandpc said:
Here is my view of your case. Your wife was out of status between April 20, 2005 and June 2 2005. But since this period is less than 180 days, She's fine with respect to her Green card application. You can search the web for 245 (k). This is the rule that covers her up.
Click to expand...

This 245(K) rule applies since last entry or any entry ?

I knew 245(i) can apply only for appl filed before April 2001. What about those out of status (lessthan 180 days), who entered 2001 Aug (first time), stayed out of status 90 days and reentered with new visa ?
Is it effects the GC process ?
 
The attorney forgot to send my pay stubs with my wife's first H4 application. That's why the first H4 application was denied.

I reapplied her H4 application with my H1 RENEW in March. And my H1 renew and her second H4 application were approved in earlier April, which starts from 06/02/2005 to 05/31/2008.

Actually her first H4 denial happened on 04/20 was later than her second H4 case approval(earlier April).

Which time period do you think she was out of status?
How will this affect her green card?

Many thanks!!
 
My lawyer did not send any paystubs for my H1B and my spouse's H4 (not for first 3-year application, nor for extension) and they both got approved both times at VSC.
 
emirica said:
My lawyer did not send any paystubs for my H1B and my spouse's H4 (not for first 3-year application, nor for extension) and they both got approved both times at VSC.
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Purely based on individual officer. There is no such rule to submit Paystubs for H1B and H4 processings unless until officer sends RFE.

In my case I forgot to submit just last one..(last fifteen days)...they denied extension....

huhhh....
 
hey,
I'm in a similar situation, except that my original H4 was denied. Also, when it was reapplied for with my husbands extension, ít was again denied & they said that my 180 days accrual has begun. My I-94 has expired May end 2005 & got this rejection in June 2005. I've filed for Motion to reopen which is still pending but can I file for 485 now with my husband? Do I have to leave the country? anyone knows any solution?
 
sshyam said:
hey,
I'm in a similar situation, except that my original H4 was denied. Also, when it was reapplied for with my husbands extension, ít was again denied & they said that my 180 days accrual has begun.
-----------Problem, did you go to any good lawyer
My I-94 has expired May end 2005 & got this rejection in June 2005. I've filed for Motion to reopen which is still pending but can I file for 485 now with my husband? Do I have to leave the country? anyone knows any solution?
------------- you have not posted your situation from your first entry to US and I-94 status, extensions filed, date rejected and your spouse status. your spouse LC filing date
if your spouse I-485 is filed why you did not file your I-485 when he/she filed.
Click to expand...
 
sshyam said:
hey,
I've filed for Motion to reopen which is still pending but can I file for 485 now with my husband? Do I have to leave the country? anyone knows any solution?
Click to expand...

Always good to have legal status while applying I-485 since application is particular about last entry's I-94 details.

If you (whose application is in MTR) have already expired I-94, then it is not recommendable to apply GC. I don't see any problem for getting new Visa in abroad (New I-94 at POE).

But talk to a Good Attorney (real good attorney), they may help you.
 
thanks clear485 that helps.
My only worry is consulate abroad should be patient in hearing my issues & not just deny it based on earlier denials which was clearly an USCIS mistake.
 
sshyam said:
thanks clear485 that helps.
My only worry is consulate abroad should be patient in hearing my issues & not just deny it based on earlier denials which was clearly an USCIS mistake.
Click to expand...

They will.

Prepare very good documentation with all possible reasons that you think it is USCIS mistake.

In my case they denied ext here, but I wenr abroad and applied with denial extension notice. They did not ask anything from me. I also seen more postings similar to this issue, seems they don't have any problems.

You have more advantage since you are on H4, they don't ask any work related documents. But still provide your Husband (H1) work related documents.
 
Thanks again clear485.
Does the documentation need to be submitted earlier along with the DD etc. or should be taken with us & only if the question arises need to submit to them for more explanation?
While confirming the appointment, is it enough to just submit the H4 receipt notices that we would have applied?
 
sshyam said:
Thanks again clear485.
Does the documentation need to be submitted earlier along with the DD etc. or should be taken with us & only if the question arises need to submit to them for more explanation?
While confirming the appointment, is it enough to just submit the H4 receipt notices that we would have applied?
Click to expand...

I submitted through Courier, so submitted all documents with categories (i.e I-797 related, paystubs, employment letter, DDs...etc with clipping each seperate). If documentation is good, then consulate will satisfy 90%, the other 10% is based on validity (i.e your confidence that intentionally you did not stay illegally) and grace of god.

Now you have to attend Interview anyhow, my advise is submit all H1B or H4 related documents and keep deniel and its related docs with you, but be prepare if they ask you anything about it. Prepare brief cover letter also (make sure you clearly described the events date by date).

I don't think you have any peoblem, you should be fine.

Long back I was in same situation, mailed my problem to Rajiv S Khanna, he replied that it shouldn't be any problem. So it happened same as he said.
Thanks to Rajiv.
 
Thank you very very much clear 485.
Right now, I've submitted my H4 receipts & all my husbands H1 papers along with DD to the courier. I havent submitted the denial paper, that is what I wanted to confirm.
So as you said, while going for the interview, for the H4 portion, I think I'll take the denial letter & all proofs to counter the denial & a covering letter documenting in points what we think have gone wrong.
On the H1 side, we'll keep everything possible from my husband.
Pl let me know if you think I should be ready with anything else.
In your case, did the consular officer ask anything at all - like for denial letter, or ur brief prepared doc. or anything like why was it denied etc?
 
sshyam said:
Thank you very very much clear 485.
Right now, I've submitted my H4 receipts & all my husbands H1 papers along with DD to the courier. I havent submitted the denial paper, that is what I wanted to confirm.
So as you said, while going for the interview, for the H4 portion, I think I'll take the denial letter & all proofs to counter the denial & a covering letter documenting in points what we think have gone wrong.
On the H1 side, we'll keep everything possible from my husband.
Pl let me know if you think I should be ready with anything else.
In your case, did the consular officer ask anything at all - like for denial letter, or ur brief prepared doc. or anything like why was it denied etc?
Click to expand...

I was so scared until I submitted my docs and after that forgotten everything like what they will ask, and what we need to provide if they ask something etc....one day I got courier with new visa stamping for me and my wife.

In my case I submitted everything....included dark grey colored paper also(which states deniel and reason from INS), expected some type of query from consulate....but did not get query...instead got visa....

see, I'm primary applicant in my case...they have to particular about primary's status if any.. in your case, you are derivative...so they do not particular much about your status....this is my personal opinion....
 
so u didnt have to go in personally ? how do u do that just by courier. I thought interview is the only option that too we dont have immediate appointments too in Indian consulates...
also, when u submitted everything by courier, did you also submit your brief written doc. along with that?
 
sshyam said:
Thank you very very much clear 485.
Right now, I've submitted my H4 receipts & all my husbands H1 papers along with DD to the courier. I havent submitted the denial paper, that is what I wanted to confirm.
So as you said, while going for the interview, for the H4 portion, I think I'll take the denial letter & all proofs to counter the denial & a covering letter documenting in points what we think have gone wrong.
On the H1 side, we'll keep everything possible from my husband.
Pl let me know if you think I should be ready with anything else.
In your case, did the consular officer ask anything at all - like for denial letter, or ur brief prepared doc. or anything like why was it denied etc?
Click to expand...

Yes, I submitted. That time (two yrs back) Courier service was available, so we had sent through them (that is only one option I had by that time).
 
thanks again clear 485.
as per your ydays suggestion, I think I'll keep a brief document along with the denial with me now, since I havent submitted it along with the other stuffs..
 
My attorney filed an appeal to reopen the denied H4 case in May. But I haven't hear anything back from my attorny and INS. Is there any way I could know my denied H4 case has been reopened by INS? I am just afraid my appeal to reopen might have been lost during delivery or INS processing.

Thanks
 
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