Previous out of status - When apply I-140 /485

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vicky_p

Registered Users (C)
I am very much new to this forum . I will be filing my I/140 - 485 soon.

I had been maintaining my H1 status through out my 5.7 years. However for my wife and spouse I did not.

The first time H4 VISA is stamped from outside US. After they entered to US there is no separate H4 application filed on behalf of them . The reason is I am not aware that they must have H4 approval. Meanwhile I changed 2 companies. None of them applied for H4. But I got the Visa stamping in regular interval for my dependents.

But there is some missing time (ie The new VISA date stamp in the passport is made after the old VISA expired less than 6 months. - This is happened twice. ).

Now they have valid H4 approval for the last 2 years or so.

My question is

1. My attorney is asking the valid H4 approvals for their stay in the last 5 years
Which I can't give for the first 3.5 years. IS the VISA stamping sufficient in that case ?

2. What about the missing time. Their I-94 and H4 VISA's are expired without having new VISA /I -94.
But they had been able to travel to India with the expired VISA and came in with the NEW VISA.


Can you please tell me any one in this situation before.?

Any help in this matter is appreciated

Thanks
Vicly_p
 
The question is whether they had valid I-94s through their entire period. The visa stamp is merely a travel document and does not need to remain current as long as the person remains in the US and has a valid I-94. An H-4 is NOT employer specific.
 
I-94s

Thanks so much for taking your time to reply.

However I just want to mention that they have multiple I-94s in this whole time and 2 of them had a gap in time which is less than 6 months. But POE issued the new I-94 even though the old I-94 is expired less than 6 months and surrendered before leaving USA.

Does this still be considered out of status.... for them ?

If so , how INS keep track of expired I-94 applicants and check against the people when they renter into USA ?

Thanks again Jim
vicky_p
 
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