Was i Out of Status

S

Salimj

Registered Users (C)
hey guys...

i came here on B1 visa in Jan 2001... got a B1/B2 visa for 3 Months at POE... applied for a extension before my expiration... got a receipt and at that time it took them long to approve an extension... and then later i applied for a L1 A visa and got approved on Nov 1st 2001... but i never got an approval for my extension for my B1/B2 Visa... i checked the status on line with the receipt number and the last update on that was they send me a query in Jan 2002...which i never replied as i had my L1-A approval on Nov 2001... and since then i have got 2 more L1 a extensions.... Later this year i applied for 485.. got my 140/EAD/AP approved and i am planning to go to India in April...

Does any one know if the time from April 2001 till Nov of 2001 counted as out of Status as i never received my B1/B2 extension....

i called the 800... number and asked them if that period is counted as out of Status and they said No.... and even my lawyer said it would not be a problem because i got 3 L1 Approved... if there was a problem i would not have been approved for My L1‘s...

But i need some views from u guys.....

Thanks
Salim
 
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I am in the same boat

But my 485 case hase been denied. even B1 extension has been approved for the requested period and subsiquently J1 was approved ( applied for COS while EOS was pending , but beyond the requested period) So 1-94 record does not cove period of 191 days. I am going to fight in court, find my post on nebraska- 485 thread to learn more about my case.

According to Cook memo (2003) you have bridging applications. Appearently B1 EOS has been denied as you did not respond to RFE. In that case all the period backward to last authorized status deemed to be unlawful presense. Even they can invalidate your L1. Of couse you can challenge them too, bz they already granted COS.
There is the remedy to fix it. If you re-entered the US on nonimmigrant visa( meaning stamped you passport in home country and got new 1-94, then you are fine. If you did not, please do so. GL
 
akatu said:
But my 485 case hase been denied. even B1 extension has been approved for the requested period and subsiquently J1 was approved ( applied for COS while EOS was pending , but beyond the requested period) So 1-94 record does not cove period of 191 days. I am going to fight in court, find my post on nebraska- 485 thread to learn more about my case.

According to Cook memo (2003) you have bridging applications. Appearently B1 EOS has been denied as you did not respond to RFE. In that case all the period backward to last authorized status deemed to be unlawful presense. Even they can invalidate your L1. Of couse you can challenge them too, bz they already granted COS.
There is the remedy to fix it. If you re-entered the US on nonimmigrant visa( meaning stamped you passport in home country and got new 1-94, then you are fine. If you did not, please do so. GL
Click to expand...
Akatu,
what was the reason for the 485 denial, anything specific ?
 
The reason for denial

Is described above - anouthorized period of stay exceeding 180 days that cannot been excused by the Service even they accepted the validity of COS and that my "fall out of status" was inflicted by my sponsoring university. Which is complete B*S*.
 
akatu said:
But my 485 case hase been denied. even B1 extension has been approved for the requested period and subsiquently J1 was approved ( applied for COS while EOS was pending , but beyond the requested period) So 1-94 record does not cove period of 191 days. I am going to fight in court, find my post on nebraska- 485 thread to learn more about my case.

According to Cook memo (2003) you have bridging applications. Appearently B1 EOS has been denied as you did not respond to RFE. In that case all the period backward to last authorized status deemed to be unlawful presense. Even they can invalidate your L1. Of couse you can challenge them too, bz they already granted COS.
There is the remedy to fix it. If you re-entered the US on nonimmigrant visa( meaning stamped you passport in home country and got new 1-94, then you are fine. If you did not, please do so. GL
Click to expand...

Hey..
well from the date i filed my extension and till the date i got my Approved L1-a is 191 Days... but i do have the receipt within 180 that i filed for COS for My L1... but got approved after the time frame of 180 Days....
do u think that would be a problem on my 485...

I do have AP Documents and an L1-a Approval until Sep 2006... do i go back to India get my PP stamped and get a new I-94 on my way back... is that the only solution???

Thanks
 
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Your count may be not correct

Check this:
1)If from the last date of the validity of your original 1-94 till the date of filing COS to L1 less than 180 days passed, then you are perfectly fine.
2) if more than 180 days, still might be fine because you COS was finaly approved, but they denied my AOS on theas grounds.
3) To fix this 100% use re-entry on new stamped visa.

Now listen, I am not a lawyer. You should ask your lawyer for final advice.

If he/she provides you better explanation please share immidiately.
 
Let me Give you the Break Down
------------------------------ :
Entered Usa on Jan 20th 2001
POE gave me I-94 Till 20th April 2001 (3 Months)
Applied for Extension for B1/B2 on April 12th 2001
Received Notice Date dated April 19th 2001 (But never got An approval on that)
Applied for L1-A in Sep.., Receipt Date is Sep 10th 2001 (so that’s 143 Days From Previous I-94)
But Got Approved on my L1-A on October 31 2001 (so that’s 194 Days)

So guys am i OK....

Or is there a problem
(But on the safe side i Still have my L1-a Till 2006....This is my 4th year on L1)
 
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It seems like you are OK

The begining of you second 1-94 validity rolls back at the very least to the date you have applied for COS.
 
Hey Akatu

So the Roll back would be counted only till Sep 10th 2001 when i appled for Change Of Status in SEP is it??....

ANd would the B1/B2 be a problem as i never replied to the RFE which was after the L1-A approval...

Thanks a Lot in Advance Man

:)
 
Yes and no

According their own regulation status should be deemed continued retroactively throughout to the previous expiration date, but in my case they assuem it to be valid from requested date and onward. The uncovered period thus was 191 days. In your case it is only 143 days. Of cause if they would not invalidate your L1 as filed untimely,but it is unlikely that they will do it retrospectively. GL
 
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