Out Of Status???????

S

Sabu

Registered Users (C)
Hi Gurus,
Here is my friend's situation. He came to USA in 1997 in H1B Visa. After some time, His wife and son came by getting Visa stamped on their passport from Consulate in India. In 1998 and 2000, he changed his employers with proper H1B approval. But by mistake he did not notice the expiry of H4 stampings on the passport for his wife and Son, for around 180 days. In 2001, he joined in another company and from there H4 approval is proper.

He is going to file his I-140 and I-485 soon in Nebaraska Service Center. His questions are

1. Will this expired H4 status create any problem later, in I-485 Processing?

2. If H4 stamping was expired earlier and they were out of status, then How come His wife and Son got their current H4 approved? Did the Service center just overlook it?

3. Looks like his lawyer did not notice this, when reviewing his I-485 documents. Is it a good idea to inform his attorney, before filing the I-140 and I-485 petition?

4. Is there any solution to this?

During his stay in USA, his H1B is always valid.

Kindly help.

Nanshi.
 
if H4 was expired then they were out of status. If they have remained in US for less then 180 days then they can file under different category otherwise they will have problems with there 485. Inform the lawyer and discuss.
 
Originally posted by ghost-rider
if H4 was expired then they were out of status.
Click to expand...

The big question is not if the H4 visa itself was expired, but if their I-94s ever expired.... that's what triggers illegal presence. You are correct, though, if it's less than a cumulative 180 days then 245k will cover them.
 
what is the rule on I-94 expiry if ur 485 is pending when I94 expires? that is still considered in AOS status right?

For such a case, does it matter whether one entered US on H or AP on the last entry?

-ab
 
need help

I will be laid off on 25th Sep 2003. Got notice from employer. I had filed 485 in Dec 2002 and got EAD in Feb 2003. Please suggest/advise me. I am trying to get a job on the basis of EAD now.

*. Is there any time period before that i should get job? i mean what is the limit of days i can live in this country without job?.

* my spouse who is on H4 ( we had filed her 485 im May 2003 but still waiting for her EAD and advance parole).If I join new job on EAD ,what will be the status of my spouse?

* Will my greencard processing be stopped if i join new employer?

*what document should i collect from cuurent employer before going for another job?.
 
I will be laid off on 25th Sep 2003. Got notice from employer. I had filed 485 in Dec 2002 and got EAD in Feb 2003. Please suggest/advise me. I am trying to get a job on the basis of EAD now.

*. Is there any time period before that I should get job? I mean what is the limit of days I can live in this country without job?.
--------------- No minimum or maximum days, try to be on job ASAP.
* my spouse who is on H4 ( we had filed her 485 im May 2003 but still waiting for her EAD and advance parole).If I join new job on EAD ,what will be the status of my spouse?
---- If you have received her I-485 filing receipt her status will be AOS pending and no more on H4 as the Primary (You) are going to use EAD, if you don’t use EAD and join new employer with H1 transfer she can be on H4 status and AOS pending at the same time and if she uses EAD she will loose H4 status and have to use AP for re-entry to US
* Will my green card processing be stopped if I join new employer?
---------------- READ below it has all answers for your situation take the printout:
BCIS RECENT AC21 MEMO 180 days
http://www.lianglaw.com/INS/2003/081103-485-180days.pdf

*What document should I collect from current employer before going for another job?.
--------------- Complete Copy of approved LC (DOL approved page at top and Form ETA 750 A and ETA 750B) your I-485 filing receipt and if possible I-140 filing receipt or copy of approved I-140 if they don’t give the copy of approved I-140 no problem
 
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