Status Issue

U

umgwalagwala

Registered Users (C)
Hi,

I have a status issue and it is as follows.
I was on F1 visa from 91-94 and Practical Training from 94 may - 95 may and on H1 eversince. I am pretty close to getting my green card and am expecting it at any moment. However, it is my wifes case I am worried about. She came to the US in 93 on a F2 visa. The I94 issued to her was not F2 but a B2 (visitor visa - 6 month). We didnt notice it. After I went on a H1B visa, my employer conviniently forgot to apply for a H4. In october 95, we found out the problem and went to Canada where she was issued a H4 visa. She is now on a H1B visa. My question is that if her I485 is rejected, is there anything I can do about it.

Thanks
 
No Title

The worst outcome is that you may have to pay fine (approx. $1000) for going out of status while in US prior to 1997.

Just my two cents worth.

Please do consult your lawer.

UncleSham.
 
No Title

Hi,

I don\'t think you have any thing to worry about. If you have all F1/H4/H1 approval forms mentioning the time periods (validity dates) in your possession, then you are all set and in case of questioning (visa interview) then you should present these as an evidence of her staying legally on the appropriate visa and the fact that an immigration officer messed up her I94. But I am not a lawyer but definitely knowledgeble based on personal and others experiences. Do yourself a favor, consult (maybe a $100 charge) a good lawyer who is independent and get his/her opinion so you can feel at ease. Personally, I would say... don\'t worry as it doesn\'t look close to be serious at all.

Good luck and please post your result on the board..
BK
 
No Title

Your wife is eligible for AOS by paying $ 1000 fine if LC on your behalf was filed on or before Jan 14 1998. Otherwise she will be eligible for CP. There is no need to worry in either case.
 
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