SOS - Please help!!!

K

Kiwi

Registered Users (C)
Although my H1 did not expire until mid-2003, at POE I was issued I94 only until Sept\'01 as my passport expiry date was in Sept 01. My daughter who is a dependent on me with an H4 stamp and my spouse all got I94 until Sept 2001. My spouse subsequently found a job and changed status from H4.

In August last year I applied for re-validation of my H1 but somehow we overlooked our daughter\'s H4 revalidation. Subsequently we applied for her re-validation upon realising our mistake. An application was made post her I94 expiry.

Apparently I came to know through my attorney today that her extension was denied although I got my extension long time ago without a problem. In the meantime we applied for our I485 in December (RD/ND in January don\'t know why?). My attorney says my daughter can continue to live in this country legally and she is not out of status. Attorney also claims that it will not hamper our GC process and we are fine.

Has anyone been in this situation before. Do I need to do anything or inform anybody? I am sorry about the length of my mail and any help will be appreciated.
 
Here is what I think...

Kiwi,

From "Sept 01" to "the date you applid for your daughter\'s H4" she was out of status. Once H4 is filed until it is denied she was in status, in that window (when H4 was pending) since you guys filed for I-485, now she is in status because of AOS Pending.

Since she is out of status for less than 3 months she is eligible for 245(k) (Sept to atmost Dec), I have no idea how to use this 245(k) while filing I-485 or after that (I know in case of 245(i) one need to fill a suppliment and attach $1000 extra fee though)!

I heard about one case on this board where AOS was denied becasue when I-485 filed that person was out of status and they didn\'t use 245(i) etc. In current case becasue of pending H4 she was in status so I think it should not be a problem. Regarding 245(k) talk to a good attorney and see if you can amend the case at this point of time. If that section is already used I guess there is nothing to worry.

Goodluck
PCee
 
No Title

Kiwi,

I don\'t think in your case INS officer at POE made any mistake! It was your passport expiry date that triggered this problem. If you went to local INS with renewed passport along with your family and asked for I-94 extention(s) before it expired, probably it would have worked!

- PCee
 
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