Q: H4/I94 Expired in Feb,05. Can I go to Canada to get new H4 stamping? Thanks!!

[keepingup]

My H4/I94 expired in Feb, 05.

Did not apply for H4 extension then because I was using EAD and also had AP. Now our I140/485 has been denied which means I need to switch back to H4.

Can I go to Canada instead of India to get my new H4? I think I cannot apply for extension because my old visa has already expired.

I don't want to go to India because I am pregnant and due in December and the current appointments that I am getting are in December.

In mid-Aug I would cross 180 days from the time my visa expired.

Any suggestions please?

Thanks

 

[ginnu]

My H4/I94 expired in Feb, 05.

Did not apply for H4 extension then because I was using EAD and also had AP. Now our I140/485 has been denied which means I need to switch back to H4.

Can I go to Canada instead of India to get my new H4?
-------------- in your situation India is better
I think I cannot apply for extension because my old visa has already expired.
------------------ your I-94 is expired in feb 05 you cant file H4 extension with USCIS, you need to go out ASAP as your no more AOS pending
I don't want to go to India because I am pregnant and due in December and the current appointments that I am getting are in December.

In mid-Aug I would cross 180 days from the time my visa expired.
--------------- is your spouse still on H1B status?? if yes, go to India for stamping

Any suggestions please?
**** what is the reason for I-485 denial?????
Thanks

 

[keepingup]

Yes my spouse is on H1B status.

I485 was denied because of education (Masters) qualification RFE. If I appeal would my EAD and AP become active until the appeal is rejected again?

If I go to India and submit DS156 should I mention Yes for item 38 question?

Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?

Thanks

 

[ginnu]

Yes my spouse is on H1B status.

I485 was denied because of education (Masters) qualification RFE.
------------------ it seems USCIS denied I-140 (I-485 depends on I-140) talk to good lawyer I dont know the case details like LC or I-140
If I appeal would my EAD and AP become active until the appeal is rejected again?
----------------- your spouse need to discuss with good lawyer
If I go to India and submit DS156 should I mention Yes for item 38 question?

Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?
--------------- your H4 I-94 is expired and your spouse I-485 and your I-485 is denied. I think you were in AOS pending after your I-94 expired and the day I-485 is denied you dont have any status. please ask your lawyer for more info or others may help you.
Thanks