Urgent !!Help needed Please !!!

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raju321

Registered Users (C)
Hi

We have ran in to a topical problem , and I request your responses on this .
My H1B expired on 10/01/2001 and applied for H1B extension and got approved till 11/10/2003. I received H1B approval letter End of FEB 2002.

My wife and kid I-94s expired on 10/01/2001. we applied H4 Extension for my wife and kid in May 2002. ( After seven months approx.) and INS returned the application in June 2002 for using obsolete form and asked us to resubmit. We resubmitted H4 application in June 2002. Then INS issued a Query in Aug 2002 saying that 'your authorized stay expired on 10/01/2001.

And we submitted statement of explanation for the delay in filing Extension in Sep 2002 , on which INS is still working.

Mean while we applied I485 in November 2001 and got EADs and Advance parole in FEB 2002 for every one (including my wife and Kid) , Last month we even got our finger prints too.

1) My concerns are what will happened to H4 Extension , incase its denial , what are the worst scenarios and what are my options? , Do I need to face De portation in that cse what amount of time given to leave the country.
2) Will INS give enough time to present my case again?
3.) What happen to my Green card .

I appreciate your valuable responses .
 
Time

INS surely will give U enough time to prove UR case...

UR Green card can get an RFE or transfer to local office.
But U will always get a change to appeal their decision..

So Get a good Lawyer ...wait for UR approval...U never know...

With INS U might get approved without any glitches...
SO just wait and watch....
 
I dont think your wife will receive the H4. I am surprised INS did not reject the cases already. I don't know what compelling reasons you have given for the delay in filing, maybe the INS will reinstate H4s, but highly unlikely. As for the GC, if your PD is prior to April1, 2001 and you meet the other requirements for 245i, then I think you should be OK........ Just curious, why didn't you file for your wife & kid's extensions with yours.

I would definitely consult with an attroney.
 
Be Very, Very Careful

Under NO CIRCUMSTANCES should your wife and children leave the United States until their Green Cards are approved.

I'm very, very serious. They have accumulated over 365 days of illegal presence in the United States, and therefore are subject to the TEN YEAR RE-ENTRY bars. That means no returning to the US for any reason, even Disney world, until 2012.

If your PD is before 4/30/2001, and you were physically present in the US on December 22, 2000, you qualify for 245i, as will your dependents. Life will be good, they will get their Green Cards after you pay a $1000 penalty for each of them.

Until the day they get their passports stamped, however, they are NOT to leave the US under ANY circumstances. I'm not kidding. Your little oversight in not renewing their H4 has serious consequences now.
 
raju321

I hope u have a good lawyer ...

From the info that you provided I infer the following :-

You are fine, but I am not sure about ur dependants. Overstaying more than 180 days from I-94 expiry date could attract 3 to 10 years ban. In ur wife/child case they overstayed a couple of months and then applied for 485, which means that they will be adjustee status from the date of 485 filing. But INS could take a stand that as on the date of 485 they were out of status and technically they were.

Your GC is not in jeorpady but a concern as far dependants processing. B'cos the I-94 that u submitted had a expiry date < their 485 RD ... so they could get an RFE for it.

Was there a need to apply for H4 extension for them? They already have AP. Ideally one applies H1 & H4 extenion at the same time. Maybe u were not aware that u need to get H4 extension also. Mine was a similar case. I realized that my company (to save money ... those idiots) had not applied my wife's H4 extension along with my H1. Her I-94 expired, I got her passport stamped in USA and sent her to India within 2 months of I-94 expiry and she entered again and got new I-94. And then we applied for the GC with new I-94.
 
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Can't even imagine as to why you didn't file H4 for your dependents!

Overstaying is a serious offense. Since the application for extn was only filed after 6 months, the 3-year bar may apply if they leave the country!!

They may be able to pay $1000 each under 245i or so and obtain the GC. Approach a good lawyer quickly!!!

Good Luck.
 
AMBYASASAM

I hate to bring this up, but from your post it seems that your wife was illegal in this country for 2 months. are you safe on the 245i front, in case INS finds out about her extended stay in the US, which it probably will when an officer gets to adjudicate your cases.
 
Hedgehog, As long as the overstay is not more than

6 months it should not attract 3/10 year ban. I have a concern at the back of my mind but my lawyer says that I should be fine.
 
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Originally posted by raju321
Hi

We have ran in to a topical problem , and I request your responses on this .
My H1B expired on 10/01/2001 and applied for H1B extension and got approved till 11/10/2003. I received H1B approval letter End of FEB 2002.

My wife and kid I-94s expired on 10/01/2001. we applied H4 Extension for my wife and kid in May 2002. ( After seven months approx.) and INS returned the application in June 2002 for using obsolete form and asked us to resubmit. We resubmitted H4 application in June 2002. Then INS issued a Query in Aug 2002 saying that 'your authorized stay expired on 10/01/2001.

And we submitted statement of explanation for the delay in filing Extension in Sep 2002 , on which INS is still working.

Mean while we applied I485 in November 2001 and got EADs and Advance parole in FEB 2002 for every one (including my wife and Kid) , Last month we even got our finger prints too.

1) My concerns are what will happened to H4 Extension , incase its denial , what are the worst scenarios and what are my options? , Do I need to face De portation in that cse what amount of time given to leave the country.
2) Will INS give enough time to present my case again?
3.) What happen to my Green card .

I appreciate your valuable responses .
Click to expand...

raju321

The Bottom line is, if you have the receipts of I 485, your status is ok.

Out of status more than 180 days, is not a big issue, you are protected by the 245i law, you can file I 485 supplement A and pay a fine of 1000.00 for everyone above the age of 17.

In fact if you have filed I485 in Nov 2001 then with a VERY VERY GOOD Lawyer, you might even be able to take advantage of 245k law, which would allow you to adjust status without the fine.

Worst case scenario, they will send you a NOID, with the above mentioned options, so relax.

PLEASE DO CONSULT A VERY VERY GOOD LAWYER ASAP!!!!!!!
 
In fact I know of another case

where the spouse overstayed more than 1 year. It was CSC. They got the GC without any hitch about 2 months back. I guess it depends on how close is the scrutiny. And ur luck.
 
raju321:

Well since the H1/H4 expired on 10/1/01 and you applied for your 485 in 11/01, I don't think you need to worry about anything. Don't bother about 245(i), etc.

As soon as you apply for your 485 you're in legal status. Assuming you filed your 485 even in end Nov 2001 you're still fine since you're within the 60 day grace period that most people refer to.

Don't worry about your H4 application, it doesn't matter whether it comes through or not, since you & your family are adjustment of status applicants.

They may or may not issue an RFE for the brief period of illegal stay, but then you can always provide some evidence (that you were planning to show for your H4 anyway) of the compelling circumstances.

Since the illegal stay period is very brief I'm sure it'll be forgiven and your 485 approved. But make sure that you consult a good lawyer on this matter. Take it easy and best of luck.
 
Originally posted by mavishka
raju321:

Well since the H1/H4 expired on 10/1/01 and you applied for your 485 in 11/01, I don't think you need to worry about anything. Don't bother about 245(i), etc.
Click to expand...

Let me take back what I said earlier - I got screwed up with the years. If the difference between the H-4 expiration and the I-485 filing is only one month, they're covered under 245k and there should be no problem at all.

Sorry to worry you.
 
Mavishka

What 60-day grace period??

Originally posted by mavishka
As soon as you apply for your 485 you're in legal status. Assuming you filed your 485 even in end Nov 2001 you're still fine since you're within the 60 day grace period that most people refer to.
Click to expand...
 
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