RFE I485 Asking to show Legal Status

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rituy

Registered Users (C)
We just realised that I was out of status for more than one year from April 2001 to August 2002. Here is what happened.

Entered US on H4 Jan 2001, Husbands H1 was valid till April 14th 2001,
So I94 was issued till April 14 2001.

Husband's company Applied for his H1 Extention and didnt apply for my H4
( not sure about this, its an assumption as I dont have H4 for this period, and I can't verify, the previous company and the attorney's office doesn't exist anymore).

Husband got H1 approved. We were under the impression that If husband is in status, I am in status by default.

We send our passports to St Louis for Visa stamping in October 2001, we got the visa stamped on December 14, 2001.

Husband changed employer in August 2002. The new employer applied for Husbands H1 and my H4. The date on H4 approval is August 2002 to April 2003.

I travelled to India in October 2002, and came back in Jan 2003. I have maintained status since. Also, I travelled to India and got my Visa stamped in July 2003 ( Validity july 2003 to April 2004).

so, I was out of status from April 15 2001 to August 2nd 2002 ( H4 approval date ) or October 10 2002 ( date I travelled outside of usa). This is not clear, either way it is more than a year.

Also, I have travelled on Advance parole in Nov 2004 and Dec 2006.

The RFE is asking for legal stay in USA. Not sure how serious this is ?

Will they deny my I485 ?

What happens if they deny my petition ?

Any thoughts ??????

PD : 10/10/2002
I485 application date: 12/03/2003
 
Last edited by a moderator:
rituy said:
We just realised that I was out of status for more than one year from April 2001 to August 2002. Here is what happened.

Entered US on H4 Jan 2001, Husbands H1 was valid till April 14th 2001,
So I94 was issued till April 14 2001.

Husband's company Applied for his H1 Extention and didnt apply for my H4
( not sure about this, its an assumption as I dont have H4 for this period, and I can't verify, the previous company and the attorney's office doesn't exist anymore).

Husband got H1 approved. We were under the impression that If husband is in status, I am in status by default.

We send our passports to St Louis for Visa stamping in October 2001, we got the visa stamped on December 14, 2001.

Husband changed employer in August 2002. The new employer applied for Husbands H1 and my H4. The date on H4 approval is August 2002 to April 2003.

I travelled to India in October 2002, and came back in Jan 2003. I have maintained status since. Also, I travelled to India and got my Visa stamped in July 2003 ( Validity july 2003 to April 2004).

so, I was out of status from April 15 2001 to August 2nd 2002 ( H4 approval date ) or October 10 2002 ( date I travelled outside of usa). This is not clear, either way it is more than a year.

Also, I have travelled on Advance parole in Nov 2004 and Dec 2006.

The RFE is asking for legal stay in USA. Not sure how serious this is ?

Will they deny my I485 ?

What happens if they deny my petition ?

Any thoughts ??????
Click to expand...

Only yr Lawyer can help on this - how to reply to this RFE, most probably they will ask for an interview and then it all depends on the USCIS officer who is going to interview

Cross Yr fingers till then
 
rituy said:
We just realised that I was out of status for more than one year from April 2001 to August 2002. Here is what happened.

Entered US on H4 Jan 2001, Husbands H1 was valid till April 14th 2001,
So I94 was issued till April 14 2001.

Husband's company Applied for his H1 Extention and didnt apply for my H4
( not sure about this, its an assumption as I dont have H4 for this period, and I can't verify, the previous company and the attorney's office doesn't exist anymore).

Husband got H1 approved. We were under the impression that If husband is in status, I am in status by default.

We send our passports to St Louis for Visa stamping in October 2001, we got the visa stamped on December 14, 2001.

Husband changed employer in August 2002. The new employer applied for Husbands H1 and my H4. The date on H4 approval is August 2002 to April 2003.

I travelled to India in October 2002, and came back in Jan 2003. I have maintained status since. Also, I travelled to India and got my Visa stamped in July 2003 ( Validity july 2003 to April 2004).

so, I was out of status from April 15 2001 to August 2nd 2002 ( H4 approval date ) or October 10 2002 ( date I travelled outside of usa). This is not clear, either way it is more than a year.

Also, I have travelled on Advance parole in Nov 2004 and Dec 2006.

The RFE is asking for legal stay in USA. Not sure how serious this is ?

Will they deny my I485 ?

What happens if they deny my petition ?

Any thoughts ??????
Click to expand...
Did you receive RFE or your attorney?
 
rituy said:
my attorney received the RFE
Click to expand...
rituy, actually it is "IGNORANCE", I dont know but sometime benefit of ignorance can be taken by providing some genuine reason/arguments by your attorney. Because H4, is directly relates/dependent with H1B, and H1B has been maintained through out. Second, H4 is the responsibility of beneficiary and not employer/attorney.
I heard it somewhere, H4 could be applied for "Back Dated Period", give it a try on murthy.com.
I think it should be resolved. Talk to good lawyers/attornies.
Goodluck.
 
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