Status retroactively became valid after applying for I-485 under 245(i)

2

245i_waiter

Registered Users (C)
Hello all,

I am wondering if various information systems used by INS are connected. Do the people who are processing I-485 know of an applicant visa status changes while the application is processed?

Here is the reason why I am asking this question:

1) Earlier, due to INS\'s mistake, I became out of status (My H4 visa got expired while INS was in the middle of processing my H1 visa).
2) We contested the INS decision by applying a motion to re-open the case.
3) In the mean time, using 245(i) I applied for I-485 as a beneficiary.
4) Recently INS reconsidered their earlier decision and retroactively made my H1 visa status valid.

I am thinking that if I communicate this info to INS, they will treat it as normal case instead of a 245(i) case. My lawyer sent a letter to INS (I-485) informing about this, but he is not confident if this letter will reach the proper file because of huge volume of applications.

Please advise if there is a better way of communicating this information to INS without delaying the processing time.

Thanks
 
No Title

Hi,
this is not meant to answer completely your question. It`s just what I know about letters sent to the INS by lawyers :
- they usually go directly to the trash bin.
Apparently INS local offices are not staffed to handle that kind of mail. Only the forms with fees!

It\'s not me saying that but two lawyers on their own web-site. One of them is immigration Lawyer José Latour at
 www.usvisanews.com and I can`t remember who is the other one...but I have read a similar comment from another lawyer.
I guess these lawyers have been around long enough to notice that.

Don`t worry about what the INS will do with your lawyer`s letter : probably nothing!

Good luck.
INS
 
No Title

Hello,
I have couple of questions

1. When you said you were out of status on H4. At that point of time what was the "Until Date" on your I-94. Someone told me that visa in your passport is just for traveling. My wife\'s I-94 doesn\'t have a date but on the back it says "PA.. MY_NAME". I called Department of State. They told me that till my visa is valid she can stay in US.

2. Before her H4 expired her employer filed a H1. But its approval came thru\' after her H4 expiration. Now is she "Out of status" for the duration between the expiration of H4 visa and her H1 approval.

Please respond. I am applying for 485 now.

Regards,
 
No Title

The common practice for setting the date on I-94 at the port of entry is to look for the visa stamp in the passport which eventually comes out of your H1 (when you apply visa at the consulate, they take your H1 expiry date, and stamp the PP with that expiry date for H4 visa)

The same date (ur H1 expiry) should be your spouse\'s I-94 exiry date. I don\'t know where and how your spouse entered into US, and no expiry date on I-94, but I don\'t know what to say. Usually, when you enter on F1, they won\'t put the expiry date on I-94, but just D/S, means duration of status or something like that. Means it is valid as long as studies are continuing as per I-20.

But never heard of a case like this for H4 I-94. Talk to ur attorney
 
No Title

Hello,
Milk I checked her I-94 and it still doesn\'t have a date on the front of it, but on the back "P.A. VOKA" is written. We came from India and our Port of Entry was Atlanta. DOS says she is in status till I am in status (even after I have renewed my H1). They said that visa is needed only for travel and I-94 is the record for Arrival/Departure.

On second issue, will she be in status if we filed her H1(which was approved) before her H4 expired but the approval came after her H4 was expired.

Input on the same is appreciated. I don\'t have a lawyer and I am doing all this processing on my own.

Regards,
VOKA.
 
No Title

Voka,

Your wife will be in-status as long as her H1 is approved and the status is changed to H1(i.e. her H1 approval notice as a new I-94 at bottom left corner).

In my case, they approved the H1 but they did not change my status from H4 to H1. So my H1 approval notice did not have an I-94 and the approval notice said I need to go outside the country to come back to status. We later contested this decision to which INS retroactively put me back in status.

Hope this clarifies your question.
 
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