vidisha

Hello people

Please someone help me. My first H4 / I 94 was valid till Aug 11, 2003. I filed for an extension of status after 2 1/2 (two and a half) months AFTER the expiration of my first H4 / I 94. But BCIS / INS has approved my extension of status application and has given me a new I-797 (Status H4) and along with it an new I-94 attached to the I-797. The date on new I-94 (green one) is valid from Aug 11, 2003 till Dec 22, 2004. Thsi means there is no gap between the I-94 dates.

I am planning to go to India this month due to some emergency and will enter USA on Advance Parole. My question is , will I be considered to have stayed out of status in USA for 2.5 months by the officer at POE? Please note that there are no gap betwwen the dates on my expired I-94 (white one) and the new i-94 (green one). Is there any risk involved in my case to travel on AP ?

Please please help people. Thanks in advance

Vidisha

Olivier Wagner

I would say that you maintained a legal status, but I'm not sure.
Here is the good part : here is how the bans works : someone who's out
of status for more than 6 months would be banned for 3 years, out of
status for more than 1 year -> 10 years.
As you would have beened out of status for less than 6 months, you'll
be fine.

vidisha <member23691@british_expats.com> wrote in message news:<[email protected]>...
    > Hello people
    >
    > Please someone help me. My first H4 / I 94 was valid till
    > Aug 11, 2003. I filed for an extension of status after 2 1/2 (two and a
    > half) months AFTER the expiration of my first H4 / I 94. But BCIS / INS
    > has approved my extension of status application and has given me a new
    > I-797 (Status H4) and along with it an new I-94 attached to the I-797.
    > The date on new I-94 (green one) is valid from Aug 11, 2003 till Dec 22,
    > 2004. Thsi means there is no gap between the I-94 dates.
    >
    > I am planning
    > to go to India this month due to some emergency and will enter USA on
    > Advance Parole. My question is , will I be considered to have stayed out
    > of status in USA for 2.5 months by the officer at POE? Please note that
    > there are no gap betwwen the dates on my expired I-94 (white one) and
    > the new i-94 (green one). Is there any risk involved in my case to
    > travel on AP ?
    >
    > Please please help people. Thanks in advance
    >
    > Vidisha

J. J. Farrell

vidisha <member23691@british_expats.com> wrote in message news:<[email protected]>...
    >
    > Please someone help me. My first H4 / I 94 was valid till
    > Aug 11, 2003. I filed for an extension of status after 2 1/2 (two and a
    > half) months AFTER the expiration of my first H4 / I 94. But BCIS / INS
    > has approved my extension of status application and has given me a new
    > I-797 (Status H4) and along with it an new I-94 attached to the I-797.
    > The date on new I-94 (green one) is valid from Aug 11, 2003 till Dec 22,
    > 2004. Thsi means there is no gap between the I-94 dates.
    >
    > I am planning
    > to go to India this month due to some emergency and will enter USA on
    > Advance Parole. My question is , will I be considered to have stayed out
    > of status in USA for 2.5 months by the officer at POE? Please note that
    > there are no gap betwwen the dates on my expired I-94 (white one) and
    > the new i-94 (green one). Is there any risk involved in my case to
    > travel on AP ?

You were out of status, but the CIS have effectively "forgiven" you.
Your petition approvals show you being continuously in status. I don't
think you'll have any problem because of this.