Please help!!!

S

simron

Registered Users (C)
Hello,

My family and I came to US in 2001 on B2 visa. From there, before the expiration of 1-94, my lawyer filled for HI-B for my father under the EB-3 category. The lawyer also filed for H4 for my mother and myself.

From there, we got our labor certificate and filed for I-485 in July 2007. My family completed fingerprints and the medical exam in February 2008.

On March 9, 2009, the INS sent us a document for "request for additional document sent" We will probably recieve the document by the end of this week.

My question is: I am going to the carribean for school purposes in May 2009. I already have the advanced parole document. So, i wanted to know if i would have any trouble when coming back to the US. I am going to be there for a year and half. My semesters are four months long with two weeks break in between. So, i was planning to come to the US for that two weeks every four months.

I also wanted to know if i needed a re-entry permit.

Since, we filled for I-485 after the expiration of I-94, does that mean, "we overstayed." So, would the inspection officer not allow me back since I overstayed even though i have the advanced parole document.

Could anyone please let me know about whether i should go or stay. I have to send my tuition deposit, so please let me know.

Thank you in advance.
 
simron said:
So, i wanted to know if i would have any trouble when coming back to the US. I am going to be there for a year and half. My semesters are four months long with two weeks break in between. So, i was planning to come to the US for that two weeks every four months.
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That should be fine, even after your GC is approved.

Since, we filled for I-485 after the expiration of I-94, does that mean, "we overstayed." So, would the inspection officer not allow me back since I overstayed even though i have the advanced parole document.
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Which I-94 are you referring to? Didn't you get a new one when you switched to H status?
 
If your father switched to H1B and you to H4 before expiration of I 94, you should be OK. It not considered over stayed. Wait for RFE and look what USCIS need.


simron said:
Hello,

My family and I came to US in 2001 on B2 visa. From there, before the expiration of 1-94, my lawyer filled for HI-B for my father under the EB-3 category. The lawyer also filed for H4 for my mother and myself.

From there, we got our labor certificate and filed for I-485 in July 2007. My family completed fingerprints and the medical exam in February 2008.

On March 9, 2009, the INS sent us a document for "request for additional document sent" We will probably recieve the document by the end of this week.

My question is: I am going to the carribean for school purposes in May 2009. I already have the advanced parole document. So, i wanted to know if i would have any trouble when coming back to the US. I am going to be there for a year and half. My semesters are four months long with two weeks break in between. So, i was planning to come to the US for that two weeks every four months.

I also wanted to know if i needed a re-entry permit.

Since, we filled for I-485 after the expiration of I-94, does that mean, "we overstayed." So, would the inspection officer not allow me back since I overstayed even though i have the advanced parole document.

Could anyone please let me know about whether i should go or stay. I have to send my tuition deposit, so please let me know.

Thank you in advance.
Click to expand...
 
To make a long story short: If your latest most current I-94 (your H-4 I-94) expired after July 2007 (your I-485 application day), you should be okay. If your most recent I-94 expired before July 2007, you could be in trouble if you leave, depending on how long it was expired.

Now - another thing to keep in mind is that you must return to the US before your advance parole document expires, and you cannot leave again until the new one is approved unless your old one is still valid for your travel dates. So when you come back for one of those two week periods about 3 months before your AP expires, apply for a new one (assuming you don't have a green card yet, which it looks like you will) and then go back to school on the old one. The new one will probably arrive while you are away, but you must still return to the US before your old one expires (the one you had when you left). When you come back, then start using the new one. Just making sure you know all this, even though chances are that you won't need to.
 
yes, sorry guys, i thought my 1-94 had expired. But, with second look, I found out that it was valid till 2008 till the date my H-4 expired.

I thought one was supposed to look at the original I-94 expiration date and not the date on the H4/HIB visa.

So my H4 visa expired in 2008, but we filed for adjustment for status in July 2007. So, i am thinking that should be fine since we filed it before the I-94 expired.

I am still waiting for the RFE, and will post it once I recieve it.

Thank you for all your input.
 
simron said:
yes, sorry guys, i thought my 1-94 had expired. But, with second look, I found out that it was valid till 2008 till the date my H-4 expired.

I thought one was supposed to look at the original I-94 expiration date and not the date on the H4/HIB visa.
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When you change or extend status and get a new I-94, the date on the new I-94 replaces what is on the old I-94.
 
So, i still havent recieved the RFE, but my lawyer has.

He faxed the document and it said: W2 from 2005-2008, and medical/immunization form for my dad only.

Apparently, the nurse had signed it instead of the physician and thtz why they were requesting the medical examination again.

So, hopefully, it will all work out this year.
 
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