Travel outside US with AP approval. Out-of-status?

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wendelong

Registered Users (C)
I forgot to file "change status" for my wife when I filed my H-1 application.
I was in F-1 status before my H-1 approved on 1/18/2002, and she was staying as F-2 as long as I was F-1 status. Her I-94 (when entered US as F-2) was valid as long as I was in school(F-1 status).

We filed her H-4 appliation on 1/17/2002 and got receipt on 1/30/2002.
Her H-4 got approved and valid from 6/4/2002.
My questions:

(1) How long has she been out-of-status?
(2) Is there any chance she will be in trouble when travel with a valid AP , under zero-tolerance policy?
(3) Anything we can do to make things up if (2) if "yes".

Any advice will be appreciated.
 
1. Never, since the change of status was applied before H1 approval date. That is why the H4 was given with a I94 (Is it there?)
2. No AP is the safest course since she will be out of radar of US consulate which wil definitely pick it up and make an issue
3. If indeed a POE inspector terms it as a Yes, there is nothing you can do about it.
 
Thanks jaxen.
Unfortunatelly our change of status(I-140 and I-485 concurrent) was filed on 11/5/2003, way behind my wife's H-4 filing.
My H-1 started from 1/18/2002, her H-4 application had receipt date 1/30/2002 and we sent out application on 1/17/2002.
I am thinking she was at least 12 days out-of-status. If counted from H-4 approval date(6/4/2002), she was 136 days out-of-status.

After reading immigration act, I am thinking now that she is still admissible at POE since she was less than 180 days unlawful presence in US.

Another very important question. We filed here I-485 as normal. Is 245(i) path the right way to file her change of status application? Should we re-file her I-485 and send a $1000 fine?

Thanks. Thanks.
 
wendelong said:
Unfortunatelly our change of status(I-140 and I-485 concurrent) was filed on 11/5/2003, way behind my wife's H-4 filing.
Click to expand...

You don't understand. Your wife's COS petition to H-4 was filed before you switched to H-1, based on your original message. If this is true, and the petition was approved, then she was never out of status.

Between what dates do you think she was out of status?
 
Sorry for the confusion.
So the filed date is the date we mailed out the H-4 application?
Or is the receipt date?
I double checked. We sent out her H-4 application on 1/22/2002(Receipt date 1/30/2002 and Notice Date 1/31/2002). My H-1 started on 1/18/2002.
So she was 4 day out-of-status.


After reading immigration act, I am thinking now that she is still admissible at POE since she was less than 180 days unlawful presence in US.

Another very important question. We filed here I-485 as normal. Is 245(i) path the right way to file her change of status application? Should we re-file her I-485 and send a $1000 fine?

Thanks. Thanks.
 
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