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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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  #1 (permalink)  
Old 04-17-2012, 05:54 PM
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Default H4 visa, I94 expired >180 days.

I am on H4 Visa and my I94 expired >180 days. Here's the situation, In June 2010, My husband changed his company, they applied H1 & H4 for us. I left for India on Nov 9, 2010. Our H1 & H4 were approved with Notice Date Nov 4, 2010. Our attorney got approvals after I left for India. My brother was visiting India in the same month therefore My husband mailed the approval to him to pass it over to me. On Jan 11, 2011, I returned through Newark with my 1 yr old baby. On POE I showed the new(recent) approval (valid through 11/4/2010 - 9/27/2012). I had a visa sticker(14 sept 2011) with old approval which is valid through 27 sept 2011. Officer asked for old approval. I showed that too. Officer issued an I94 with date 24 Sept 11. New approval is valid till 27 Sept 12. Attorney told us that I will be admitted with new extension for full duration of that extension so we assumed the date is Sept 2012.
I've heard of the three year ban. Attorney says, First I should try to get it corrected at the CBP/POE explaining it was an error.

Can anyone suggest pls ?

Thanks.
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  #2 (permalink)  
Old 04-18-2012, 07:50 AM
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Default

My layman's understanding says you have a problem. As I understand, if you leave the country after applying for H1/H4 extension , the application is considered abandoned. If that is true, your H4 approval is useless (since it was abandoned).

I would strongly suggest you talk to another Attorney (may be Murthy or Khanna) before you take any further step.

Why did you wake up now ? You should have asked the question before September 2011
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  #3 (permalink)  
Old 04-18-2012, 08:16 AM
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Originally Posted by artillerybuff View Post
I am on H4 Visa and my I94 expired >180 days. Here's the situation, In June 2010, My husband changed his company, they applied H1 & H4 for us. I left for India on Nov 9, 2010. Our H1 & H4 were approved with Notice Date Nov 4, 2010. Our attorney got approvals after I left for India. My brother was visiting India in the same month therefore My husband mailed the approval to him to pass it over to me. On Jan 11, 2011, I returned through Newark with my 1 yr old baby. On POE I showed the new(recent) approval (valid through 11/4/2010 - 9/27/2012). I had a visa sticker(14 sept 2011) with old approval which is valid through 27 sept 2011. Officer asked for old approval. I showed that too. Officer issued an I94 with date 24 Sept 11. New approval is valid till 27 Sept 12. Attorney told us that I will be admitted with new extension for full duration of that extension so we assumed the date is Sept 2012.
I've heard of the three year ban. Attorney says, First I should try to get it corrected at the CBP/POE explaining it was an error.

Can anyone suggest pls ?

Thanks.
You got lucky on the abandonement issue - since the approval date (Nov 4) is before your departure date (Nov 9), there is no abandonement that applies.

About the I-94 expiration - please consult lawyers. You might be able to avoid the 180 issue.
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  #4 (permalink)  
Old 04-18-2012, 09:27 AM
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Default

quite unfortunate that you failed to notice the date on the I94. As the attorney suggested trying to explain the mistake might help. Also going home and applying for a visa stamp might work out. You have to be honest with the officer when he/she asks about this period, explaining that it was a mistake. It all depends on the officer since they have all authority in these cases. Hopefully it should all work out but dont delay whatever action you might chose to take. Consult another attorney for a second opinion.
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  #5 (permalink)  
Old 04-18-2012, 09:39 AM
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Default Consult attorney

When a new I-94 is issued at the POE, all the older I-94s (attached to H1 approvals) become invalid. You should consult a lawyer and get your I-94 updated to Sep, 2012.
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  #6 (permalink)  
Old 04-18-2012, 10:22 AM
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Default

Hi,

Thanks for your input. Its just an innocent mistake I know I should have looked at the dates. Though, I always thought it will never happen to me. Circumstances in life come unpredictable.My fault. Since I cannot revert I will put my best foot forward and try to negotiate for my mistakes.

Many Thanks for such prompt response.
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  #7 (permalink)  
Old 04-18-2012, 01:06 PM
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Default Oh my

I just entered POE with my family on May 06, 2008 with my old visa stamp expiry on June30,2008. But I showed my new extension approval valid until June30, 2009. But they gave me I-94 till June30,2008. After that I got two H1B extensions (2009-2012 & 2012-2015) with I-94 # same as the one I got in POE. But the approval valid until June30, 2009 has a different I-94 no. For example:
till June30,2008 passport I-94 # A
till June30,2009 approval notice I-94 # B
till June30,2012 approval notice I-94 # A
till June30,2015 approval notice I-94 # A

But I-94 nos. on passport and approvals of my wife and daughter are all same.
Am I in trouble?

thanks
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  #8 (permalink)  
Old 04-18-2012, 02:54 PM
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Quote:
Originally Posted by justice4all View Post
I just entered POE with my family on May 06, 2008 with my old visa stamp expiry on June30,2008. But I showed my new extension approval valid until June30, 2009. But they gave me I-94 till June30,2008. After that I got two H1B extensions (2009-2012 & 2012-2015) with I-94 # same as the one I got in POE. But the approval valid until June30, 2009 has a different I-94 no. For example:
till June30,2008 passport I-94 # A
till June30,2009 approval notice I-94 # B
till June30,2012 approval notice I-94 # A
till June30,2015 approval notice I-94 # A

But I-94 nos. on passport and approvals of my wife and daughter are all same.
Am I in trouble?

thanks
A new I-94 given at POE overrides, all earlier I-94s issues. So, that was the reason, your extensions were with the I94 number issued at POE. You are safe.
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  #9 (permalink)  
Old 04-18-2012, 03:33 PM
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Default

Quote:
Originally Posted by artillerybuff View Post
Hi,

Thanks for your input. Its just an innocent mistake I know I should have looked at the dates. Though, I always thought it will never happen to me. Circumstances in life come unpredictable.My fault. Since I cannot revert I will put my best foot forward and try to negotiate for my mistakes.

Many Thanks for such prompt response.
Please contact the Murthy law firm (don't use run-of-the-mill immigration attorney as you will be in deeper S$%^). There is something called nunc-pro-tunc (now for then) which Murthy has successfully used in the past to correct these kind of mistakes. Please search google.

Wish you luck.
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  #10 (permalink)  
Old 05-04-2012, 01:20 PM
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Default

Just to update you guys, I was able to get my I-94 Corrected at the Deffered Inspection/CBP office.

Thanks.
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  #11 (permalink)  
Old 05-25-2012, 09:45 PM
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Default

Hi
I am in the similar situation now.Could you please suggest me how to proceed further ?
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  #12 (permalink)  
Old 05-26-2012, 02:47 PM
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Quote:
Originally Posted by lesbleus View Post
Hi
I am in the similar situation now.Could you please suggest me how to proceed further ?
Give us more info. If you are in the similar situation, please follow the thread from the top.
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Old 10-06-2012, 04:21 PM
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Default got I-94 corrected after 180 days

My wife first entered in the U.S. on 12/2009 on H4 visa expiring on 03/2012. After 3 months (03/2010) i changed my job, my new employer filed H1 for me and H4 for my wife and we got a new approval notice valid untill 03/2013. After few months, my wife had to visit India, she entered back in the U.S. on 07/2010 (having old H4 stamp). At the port of entry, my wife handed over her passport and her new approval notice but the officer attached a I-94 on her passport valid until 03/2012 (i.e. I-94 was given based on her old visa stamp and not based on the new approval notice).
Last week when my company's attorney was filing our extensions, she noticed this I-94 and said that we are into a major problem and my wife is staying illegal in the U.S. since 03/2012 (which was her I-94 expiry attached on passport) and that she has also crossed her > 180 days period. Now, if she leaves the county she will have a bar of 3 years. She really scared us and we were very much tensed with this situation.
After reading some forums i found that there is a chance where we can go to the CBP office and get the I-94 corrected.
Finally i took an advice with another good attorney and i worked with him to get it resolved. He was very confident that there is no issue as my wife has a valid passport and approval notice.
I went to the CBP office, explained them the situation and he gave me a new corrected I-94.


Anyone in similar situation, dont panic, be calm and take 2nd/3rd opinion from different attornies. Dont get mis-guided.
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  #14 (permalink)  
Old 10-07-2012, 11:46 AM
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Default Importance of I-94 for H4

Many people (including some attorneys) don't understand importance I-94 for H4 (dependents of H1B) when filing extension or transfer of H1b.They must file extension for dependents I-539.Then only H4's get I-94 along with approved I-539.As per rules USCIS can bar your family for 3 years.But luckily CBP office corrected it.Such things happens out of ignorance.
Every one should remember to file I-539 (Extension of H4) along with H1B for their dependents .If necessary tell attorney to file I-539 for their family without fail along with H1B extension or transfer when employer changed.
In my case long time back when Visas getting stamped in Washington DC,my family got visa stamped in their passports based on my extended H1B but in reality family I-94's got expired as attorney didn't file I-539 for my family along with my H1B extension.This was noticed by another attorney when I changed employer.But by that time I-94 of my family got expired though they have valid visa stamped in their passports.My new attorney informed me that my family got stamped by mistake and for status I-94 matters not visa stamp.Visa stamp is just for entry into USA.He immediately filed I-539 for my family along with H1B transfer filing for new employer with a request to pardon our ignorance of not filing I-539 for our family.Luckily USCIS approved I-539 for my family though their I-94's got expired.

Quote:
Originally Posted by rajesh2012 View Post
My wife first entered in the U.S. on 12/2009 on H4 visa expiring on 03/2012. After 3 months (03/2010) i changed my job, my new employer filed H1 for me and H4 for my wife and we got a new approval notice valid untill 03/2013. After few months, my wife had to visit India, she entered back in the U.S. on 07/2010 (having old H4 stamp). At the port of entry, my wife handed over her passport and her new approval notice but the officer attached a I-94 on her passport valid until 03/2012 (i.e. I-94 was given based on her old visa stamp and not based on the new approval notice).
Last week when my company's attorney was filing our extensions, she noticed this I-94 and said that we are into a major problem and my wife is staying illegal in the U.S. since 03/2012 (which was her I-94 expiry attached on passport) and that she has also crossed her > 180 days period. Now, if she leaves the county she will have a bar of 3 years. She really scared us and we were very much tensed with this situation.
After reading some forums i found that there is a chance where we can go to the CBP office and get the I-94 corrected.
Finally i took an advice with another good attorney and i worked with him to get it resolved. He was very confident that there is no issue as my wife has a valid passport and approval notice.
I went to the CBP office, explained them the situation and he gave me a new corrected I-94.


Anyone in similar situation, dont panic, be calm and take 2nd/3rd opinion from different attornies. Dont get mis-guided.
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