Urgent Please help on dependent I-94

madhusree

New Member
I got new I-94 with my recent company H1b. But my wife didn\'t get new I-94. She has old I-94(at time board of entry) which is expired. But her VISA on the passport is with New company(revalidated and got stamped recently). But she deos not have a new I-94. Is this a problem ? Can I use old I-94 number while filing 485. Thanks in advance
 
No Title

you might be having the courtesy copy. Do u have the original approval notice with u.Just my 2 cents.
 
Your wife\'s company lawyer may have a copy of your wife\'s I-797 notice.

Your wife\'s company lawyer may have a copy of the I-797 approved notice or if it is not urgent, you can get a copy from INS though I am not sure whether INS entertains that kind of requests. Talk to your imm. attorney and if he/she doesn\'t have copy, he/she can help you to contact INS.

Raj
 
you got a problem

Your wife is out of status. Thats the bottom line. when you apply for GC. 245(i) with 1000$ is required. I try to explain your situation. Getting Visa and I-94 are different things. I-94 validate your stay in this country. Simple example is if you get 10 Years visa, but your I-94 says that you can stay for 6 months. Your valid stay period in this country is 6 months. There after everything is out of status. If you want to stay for more time. You need to inform INS. They will extend your stay by providing new I-94. Your wife needs to apply I-539 form ( i am not sure-exact form no) check INS site. For H1 there is I-129, For H-4 (dependent) I-539 is the form, which will extend your spouse stay in this country. For now ASAP apply I-539 for Spouse. Visa stamp on passport is not going to improve or change your condition. Later on contact good lawyer.

Green

Green
 
I think you are fine.

You already applied for G.C. Don\'t worry about my previous posting. Your wife case is fine. I will suggest you better apply EAD for your self and spouse.
 
If filed for 485 before I-94 expired, you are fine

When status is being adjusted (the day 485 was filed with INS), you and your dependents are in status. Technicall you don\'t even have to work in US. For working in US, EAD is needed. For travel outside US, AP is needed. Just make sure that I-94 was valid when 485 was applied for.
 
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