Urgent: MTR for denied I-539 and RFE for I-485

[wbd]

Hi,

My wife and child did not renew H4. The I-539 (afterwards) to renew was denied. An MTR (Motion to Reopen/Reconsideration) was filed.

RFE for I-485 was sent asking for H4.

How long will INS make a decision on the MTR? Do they open the denied case and then make a decision at the same time or the two steps (open and decision) could be far apart in time? The new receipt for MTR did not say how long it will take and I cannot find MTR for I-539 in the 'processing dates'.

Will the receipts for I-539 and MTR help in the response to RFE for I-485?

Experts or anyone having similar experience please help.

Thanks.

 

[techy2468]

wbd sorry i have no knowledge of this.....we need to get in touch with unitednation to see if he can help...

paging unitednation

 

[EB1OR@NSC]

Hi,

My wife and child did not renew H4. The I-539 (afterwards) to renew was denied. An MTR (Motion to Reopen/Reconsideration) was filed.

RFE for I-485 was sent asking for H4.

How long will INS make a decision on the MTR? Do they open the denied case and then make a decision at the same time or the two steps (open and decision) could be far apart in time? The new receipt for MTR did not say how long it will take and I cannot find MTR for I-539 in the 'processing dates'.

Will the receipts for I-539 and MTR help in the response to RFE for I-485?

Experts or anyone having similar experience please help.

Thanks.

Why were they denied?

 

[ginnu]

Why were they denied?
------------his wife and Child who were on H4 did not file H4 extension on time by filing I-539. later they filed I-539 after I-94 expiry dates and it got denied.

 

[mogambo2495]

2 questions

So if you have valid I-94 without H4 and you file H4(No previous H4) before I-94 expiry, your H4 will always get approved??

2nd question:
If H4 is approved with valid 1-94 at bottom, is it assumed that previous stay was all good(lawful?)

I am asking because my wife never had H4 filed exclusively but had valid I-94 all this time based on H1(almost 2 years). She travelled out of country too during this time.

We changed employer who had then H4 filed for her.(since then several H4 extn). Now Advanced Parole.

Any problem with this scenario??

 

[mogambo2495]

Nobody knows?
Bumping...

So if you have valid I-94 without H4 and you file H4(No previous H4) before I-94 expiry, your H4 will always get approved??

2nd question:
If H4 is approved with valid 1-94 at bottom, is it assumed that previous stay was all good(lawful?)

I am asking because my wife never had H4 filed exclusively but had valid I-94 all this time based on H1(almost 2 years). She travelled out of country too during this time.

We changed employer who had then H4 filed for her.(since then several H4 extn). Now Advanced Parole.

Any problem with this scenario??

 

[ginnu]

So if you have valid I-94 without H4 and you file H4(No previous H4) before I-94 expiry, your H4 will always get approved??
-----------------if spouse is on H1 status and you are on H4 status and you have valid I-94 with H4 status and file H4 extension with from I-539 and extension papers reach USCIS BEFORE the I-94 gets expired then H4 extension is approved till the validity of H1 of spouse and H4 extension will have I-94 attached with approval notice.
2nd question:
If H4 is approved with valid 1-94 at bottom, is it assumed that previous stay was all good(lawful?)
-------------Yes
I am asking because my wife never had H4 filed exclusively but had valid I-94 all this time based on H1(almost 2 years). She travelled out of country too during this time.

We changed employer who had then H4 filed for her.(since then several H4 extn). Now Advanced Parole.
---------------------------- She may not have filed H4 extension if she had valid I-94 and went out of US Before I-94 expired and then again entred US and got new I-94.why dont you post your details with dates so that others can know the correct situation /problem to you or your spouse

Any problem with this scenario??

Provide the full details so that others can guide you if any problem or you are OK
date came to US on H1
spouse came to US on H4 on I-94 validity
filed H1 extension date
wife went out on.... I-94 was valid till...
changed employer by H1 transfer and wife H4 extension was also filed date
H1 transfer approved date .. get I-94 till...
wife got H4 approved and got I-94 till
Primary filed I-485 on date....
wife filed I-485 on date.... and her I-94 was valid till.
**if any more trips of your wife list it and also provide I-94 details
wife went out of US on date... her I-94 was valid till....
wife went out with Approved AP and entred US with AP on date....

 

[mogambo2495]

For Ginnu

Ginnu first of all, thanks for your time.
I have read all your answers to I-94/H4 issues dated back to 2003 and really appreciate your responses.

I am on H1 and always on status with all (previous) valid I-94s.
Timeline for my wife's status.

I came to US Dec 1997(H1) valid till Dec 2000.
My wife joined in Apr 1998 with I-94.
Dont know its expiry but best case must be valid till Dec 2000(same as H1 validity)
Worst case valid till 1 year(Apr 1999) -- I am not sure and dont have a copy.
I never travelled.
She went back to India in March 1999.
Came back in May 1999. Again I do not have copies of I-94.
Dont know its expiry but best case must be valid till Dec 2000(same as H1 validity)
Worst case valid till 1 year(May 2000) -- I am not sure and dont have a copy.
Applied for H1 extn with different employer here , H1 expiry dec 2003)
She travelled back in Oct 2000 to India(and wife got visa stamped based on this new employer H1) and came back in Feb 2001(I-94 expiry Dec2003) and I have valid I-94 and H4s from there on.
Then I and wife travelled together to India in Oct 2005 and came back to US on AP valid till Jun 2006.
Haven't applied for AP now. No need right?

I am counting on USCIS's NIIS database to reflect her stay was legal based on entries in their systems.

Thats why I asked if getting H4 means previous stay was good or not. And if good why are people getting RFE during 485 stage?

Shoud I file FOIA to get NIIS information from USCIS or that won't matter as these systems are available to all DO and Service ctr.?

Sorry if I missed any date will retry if you ask for something specific.

And NO i haven't got any RFE so far just being cautious. Lawyer never complained about those earlier I-94.

And YES she has POE stamp in passport but little smudged. Even though there is no entry by pen saying validity or H4 status, just some stamp

Provide the full details so that others can guide you if any problem or you are OK
date came to US on H1 (Dec 1997)
spouse came to US on H4 on I-94 validity(came in Apr 98, validity..may be Dec 2000-same as H1-may be?)
filed H1 extension date
wife went out on.... I-94 was valid till...
changed employer by H1 transfer and wife H4 extension was also filed date
H1 transfer approved date .. get I-94 till...
wife got H4 approved and got I-94 till(Dec 2001)
Primary filed I-485 on date....(in signature)
wife filed I-485 on date.... and her I-94 was valid till.(filed together I-94 valid till Dec 2006)
**if any more trips of your wife list it and also provide I-94 details
wife went out of US on date... her I-94 was valid till....(mentioned above)
wife went out with Approved AP and entred US with AP on date....(mentioned above)

 

[ginnu]

Ginnu first of all, thanks for your time.
I have read all your answers to I-94/H4 issues dated back to 2003 and really appreciate your responses.

I am on H1 and always on status with all (previous) valid I-94s.
Timeline for my wife's status.

I came to US Dec 1997(H1) valid till Dec 2000.
My wife joined in Apr 1998 with I-94.
--------She came to US on H4 status and I-94 should be till YOUR H1 visa stamp date or her H4 Visa stamp date. Her I-94 was valid up to Dec 2000
Dont know its expiry but best case must be valid till Dec 2000(same as H1 validity)
----------Yes, Dec 2000
Worst case valid till 1 year(Apr 1999) -- I am not sure and dont have a copy.

I never travelled.

She went back to India in March 1999.
---------It means she had Valid I-94 and went out of US. She is OK
Came back in May 1999. Again I do not have copies of I-94.
------------I think again she got I-94 till her H4 Visa stamp that was valid till DEC,2000
Dont know its expiry but best case must be valid till Dec 2000(same as H1 validity)
----------Yes, till DEC,2000
Worst case valid till 1 year(May 2000) -- I am not sure and dont have a copy.

Applied for H1 extn with different employer here , H1 expiry dec 2003)
She travelled back in Oct 2000 to India
------------She went out of US before her I-94 expiry that was valid till Dec 2000. She is OK
(and wife got visa stamped based on this new employer H1) and came back in Feb 2001(I-94 expiry Dec2003) and I have valid I-94 and H4s from there on.
------She went out of US before her I-94 expiry date( that was Dec,2000 )in October 2000, and while she was in India you got your H1 transfred and once got your H1 approval notice that was valid till 2003, she went to US consulate in India and got new H4 visa stamped in her passport till Your H1 approval expiry date and came back to US in Feb 2001 with the Visa stamp that was valid till 2003 December and at POE she got I-94 till H4 visa stamp or till DEC2003. She is OK

Then I and wife travelled together to India in Oct 2005 and came back to US on AP valid till Jun 2006.
----------------it means you both have filed I-485. if I-485 for her was filed BEFORE December 2003 or before her I-94 Expiry date then She is OK. OK OK
Haven't applied for AP now. No need right?
----------- you will need valid AP in hand if you want to go out( if you are not on H1 status and she on H4 status then you can also get H1 visa stamp and H4 visa stamp and can enter on H1 or H4)
I am counting on USCIS's NIIS database to reflect her stay was legal based on entries in their systems.
----------- your wife dont have problem if I-485 was filed before her I-94 expiry date
Thats why I asked if getting H4 means previous stay was good or not.
And if good why are people getting RFE during 485 stage?
----------------- one post I have read is lawyer is goiving wrong info and not filing I-485 for the spouse and the spouse has valid I-94 and his wife may be out of status in past but again she has reentred US and has valid I-94. in that case lawyer is wrong and giving wrong advice not to file I-485 and trying to file FOIA. Person is in valid status at this time and CAN file her I-485. you or me cant ask the poster to fire the bad lawyer and file the I-485.
Many get RFE if they dont attach I-94 copy (front and back) when filing I-485, Many bad lawyer forget to attach the copy of latest I-94. Many go to Canada for visa stamp and after visa stamp enter with old valid I-94 and dont ask POE to give I-94 till Visa validity date. it all depends on particular case.

Shoud I file FOIA to get NIIS information from USCIS or that won't matter as these systems are available to all DO and Service ctr.?
------------- you or your spouse dont need FOIA
Sorry if I missed any date will retry if you ask for something specific.

And NO i haven't got any RFE so far just being cautious. Lawyer never complained about those earlier I-94.
------------- she is OK if her I-485 reached USCIS BEFORE her I-94 expiry date. RelaX!!!
Good Luck!!!

 

[mogambo2495]

Thank you boss. You are awesome.

Yes her I-485 was filed before I-94 expired...latest I-94 thats is. It came with subsequent H4 extn along with mine H1 extn....
Query was for 1st 2 years only. Thank you for your time to answer it.

Ginnu first of all, thanks for your time.
I have read all your answers to I-94/H4 issues dated back to 2003 and really appreciate your responses.

I am on H1 and always on status with all (previous) valid I-94s.
Timeline for my wife's status.

I came to US Dec 1997(H1) valid till Dec 2000.
My wife joined in Apr 1998 with I-94.
--------She came to US on H4 status and I-94 should be till YOUR H1 visa stamp date or her H4 Visa stamp date. Her I-94 was valid up to Dec 2000
Dont know its expiry but best case must be valid till Dec 2000(same as H1 validity)
----------Yes, Dec 2000
Worst case valid till 1 year(Apr 1999) -- I am not sure and dont have a copy.

I never travelled.

She went back to India in March 1999.
---------It means she had Valid I-94 and went out of US. She is OK
Came back in May 1999. Again I do not have copies of I-94.
------------I think again she got I-94 till her H4 Visa stamp that was valid till DEC,2000
Dont know its expiry but best case must be valid till Dec 2000(same as H1 validity)
----------Yes, till DEC,2000
Worst case valid till 1 year(May 2000) -- I am not sure and dont have a copy.

Applied for H1 extn with different employer here , H1 expiry dec 2003)
She travelled back in Oct 2000 to India
------------She went out of US before her I-94 expiry that was valid till Dec 2000. She is OK
(and wife got visa stamped based on this new employer H1) and came back in Feb 2001(I-94 expiry Dec2003) and I have valid I-94 and H4s from there on.
------She went out of US before her I-94 expiry date( that was Dec,2000 )in October 2000, and while she was in India you got your H1 transfred and once got your H1 approval notice that was valid till 2003, she went to US consulate in India and got new H4 visa stamped in her passport till Your H1 approval expiry date and came back to US in Feb 2001 with the Visa stamp that was valid till 2003 December and at POE she got I-94 till H4 visa stamp or till DEC2003. She is OK

Then I and wife travelled together to India in Oct 2005 and came back to US on AP valid till Jun 2006.
----------------it means you both have filed I-485. if I-485 for her was filed BEFORE December 2003 or before her I-94 Expiry date then She is OK. OK OK
Haven't applied for AP now. No need right?
----------- you will need valid AP in hand if you want to go out( if you are not on H1 status and she on H4 status then you can also get H1 visa stamp and H4 visa stamp and can enter on H1 or H4)
I am counting on USCIS's NIIS database to reflect her stay was legal based on entries in their systems.
----------- your wife dont have problem if I-485 was filed before her I-94 expiry date
Thats why I asked if getting H4 means previous stay was good or not.
And if good why are people getting RFE during 485 stage?
----------------- one post I have read is lawyer is goiving wrong info and not filing I-485 for the spouse and the spouse has valid I-94 and his wife may be out of status in past but again she has reentred US and has valid I-94. in that case lawyer is wrong and giving wrong advice not to file I-485 and trying to file FOIA. Person is in valid status at this time and CAN file her I-485. you or me cant ask the poster to fire the bad lawyer and file the I-485.
Many get RFE if they dont attach I-94 copy (front and back) when filing I-485, Many bad lawyer forget to attach the copy of latest I-94. Many go to Canada for visa stamp and after visa stamp enter with old valid I-94 and dont ask POE to give I-94 till Visa validity date. it all depends on particular case.

Shoud I file FOIA to get NIIS information from USCIS or that won't matter as these systems are available to all DO and Service ctr.?
------------- you or your spouse dont need FOIA
Sorry if I missed any date will retry if you ask for something specific.

And NO i haven't got any RFE so far just being cautious. Lawyer never complained about those earlier I-94.
------------- she is OK if her I-485 reached USCIS BEFORE her I-94 expiry date. RelaX!!!
Good Luck!!!