I-94 Out of status
Aug 27th 2002, 10:36 am
#1
Guest
Posts: n/a
I-94 Out of status
My wifes I-94 expired on 4th April 2002. I have filed the I-539 on June 6th. INS has
asked a query asking us for delay. The whole confusion occured b/c my passports where
with Washington DC for VISA which took 3 months.
What are the chance for the approval of I-94 ? We thought of going to Canada they did
not give us Visa b/c of I-94 Status. If i travell to my home country will there be
any problem in Airport like banning ? Is there anywhere in INS web site about the
grace period of 180 days ?
Need some urgent help ....... siva
asked a query asking us for delay. The whole confusion occured b/c my passports where
with Washington DC for VISA which took 3 months.
What are the chance for the approval of I-94 ? We thought of going to Canada they did
not give us Visa b/c of I-94 Status. If i travell to my home country will there be
any problem in Airport like banning ? Is there anywhere in INS web site about the
grace period of 180 days ?
Need some urgent help ....... siva
Aug 28th 2002, 5:10 am
#2
BE Enthusiast
Joined: Jun 2001
Posts: 571
Re: I-94 Out of status
[QUOTE]Originally posted by Siva:
My wifes I-94 expired on 4th April 2002. I have filed the I-539 on June 6th. INS has
asked a query asking us for delay. The whole confusion occured b/c my passports where
with Washington DC for VISA which took 3 months.
**your Passport was with Washington DC for VISA , But it has nothing to do with her H4 extension, you did a mistake of not filing for her H4 extension with INS before 4th April.
What are the chance for the approval of I-94 ?
** INS may Approve H4 extension with new I-94 attached with approval notice chances(98%).
Send reply to INS immidiatly through Lawyer.
We thought of going to Canada they did
not give us Visa b/c of I-94 Status.
** HOW did you manage to enter US, once you applied US visa in Canada and got rejected?
If i travell to my home country will there be
any problem in Airport like banning ?
*Risk of overstay, She may be denied h4 Visa, times are bad
** Hire a Good Lawyer immidiatly, he/she will reply to INS quary, I hope INS may grant her H4 extension, I know 3 cases where H4 was granted after the quary replied by a lawyer to INS, INS understand that you have come here to work and you do not study Immigration law, so the mistakes happen because of lack of Immigration law, let some good immigration Lawyer reply the quary and it will be fine. Contact the Lawyer immidiatly to fix the problem.
Good Luck!!
My wifes I-94 expired on 4th April 2002. I have filed the I-539 on June 6th. INS has
asked a query asking us for delay. The whole confusion occured b/c my passports where
with Washington DC for VISA which took 3 months.
**your Passport was with Washington DC for VISA , But it has nothing to do with her H4 extension, you did a mistake of not filing for her H4 extension with INS before 4th April.
What are the chance for the approval of I-94 ?
** INS may Approve H4 extension with new I-94 attached with approval notice chances(98%).
Send reply to INS immidiatly through Lawyer.
We thought of going to Canada they did
not give us Visa b/c of I-94 Status.
** HOW did you manage to enter US, once you applied US visa in Canada and got rejected?
If i travell to my home country will there be
any problem in Airport like banning ?
*Risk of overstay, She may be denied h4 Visa, times are bad
** Hire a Good Lawyer immidiatly, he/she will reply to INS quary, I hope INS may grant her H4 extension, I know 3 cases where H4 was granted after the quary replied by a lawyer to INS, INS understand that you have come here to work and you do not study Immigration law, so the mistakes happen because of lack of Immigration law, let some good immigration Lawyer reply the quary and it will be fine. Contact the Lawyer immidiatly to fix the problem.
Good Luck!!
Aug 28th 2002, 8:10 pm
#3
Guest
Posts: n/a
Re: I-94 Out of status
Manish <[email protected]> wrote in message
news:<[email protected]>... Manish thanks for your reply.
I have already applied for extension on June 6th (2 months delay). My lawyer has
submitted the reply to INS query. We wrote a letter saying that passport where with
Washington and thought washington will we do I-94 also.
Do you know anyone who realy got into smilier problem and got resloved by INS without
leaving country ?
news:<[email protected]>... Manish thanks for your reply.
I have already applied for extension on June 6th (2 months delay). My lawyer has
submitted the reply to INS query. We wrote a letter saying that passport where with
Washington and thought washington will we do I-94 also.
Do you know anyone who realy got into smilier problem and got resloved by INS without
leaving country ?
Aug 29th 2002, 3:28 am
#4
BE Enthusiast
Joined: Jun 2001
Posts: 571
Re: I-94 Out of status
Do you know anyone who realy got into smilier problem and got resloved by INS without
leaving country ?
[/QUOTE]
I know 3 cases:
one was like your spouse, but INS never sent a Quary it was filed through Lawyer Sheela Murthy and was approved.
other case was of for my friend son , he was out of status for 65 days on H4 visa and Extension was filed and approved, it was also through lawyer.
other case was also about a spouse of my friend who filed his H1B extension and thaught that his spouse will automaticaly get H4 extension, she was out of status for some time, her extension of H4 was filed by lawyer Sheela Murthy and it was approved with out any quary.
Sheela Murthy info you can find on www.murthy.com
I hope your wife will get the extension .
Good Luck!!
leaving country ?
[/QUOTE]
I know 3 cases:
one was like your spouse, but INS never sent a Quary it was filed through Lawyer Sheela Murthy and was approved.
other case was of for my friend son , he was out of status for 65 days on H4 visa and Extension was filed and approved, it was also through lawyer.
other case was also about a spouse of my friend who filed his H1B extension and thaught that his spouse will automaticaly get H4 extension, she was out of status for some time, her extension of H4 was filed by lawyer Sheela Murthy and it was approved with out any quary.
Sheela Murthy info you can find on www.murthy.com
I hope your wife will get the extension .
Good Luck!!
Sep 2nd 2002, 5:04 am
#5
BE Enthusiast
Joined: Jun 2001
Posts: 571
Re: I-94 Out of status
Please visit this:
http://www.ins.usdoj.gov/graphics/howdoi/extendstay.htm
What If My Authorized Stay Has Already Expired? (What If I Am Late Filing for an Extension?)
If you are late filing for an extension and your authorized stay has already expired, you must prove that:
The delay was due to extraordinary circumstances beyond your control;
The length of the delay was reasonable;
You have not done anything else to violate your nonimmigrant status (such as work without INS approval);
You are still a nonimmigrant (This means you are not trying to become a permanent resident of the United States. There are some exceptions.); and · You are not in formal proceedings to remove (deport) you from the country
http://www.ins.usdoj.gov/graphics/howdoi/extendstay.htm
What If My Authorized Stay Has Already Expired? (What If I Am Late Filing for an Extension?)
If you are late filing for an extension and your authorized stay has already expired, you must prove that:
The delay was due to extraordinary circumstances beyond your control;
The length of the delay was reasonable;
You have not done anything else to violate your nonimmigrant status (such as work without INS approval);
You are still a nonimmigrant (This means you are not trying to become a permanent resident of the United States. There are some exceptions.); and · You are not in formal proceedings to remove (deport) you from the country
May 1st 2003, 1:05 pm
#6
Just Joined
Joined: Jul 2002
Posts: 8
i94?Out of status..
My situation is just like Siva's wife. We honestly did not know the immigration laws and as a result didnt file the i539 in time. As a result, we had a delay of 2 months and then filed it with the help of a lawyer.
My question to Siva:
1. Did you receive the approval notice within the 180 days period or after that?(since you filed the i539 after 2months)?
2. If you received after 180 days, was there any problem in getting the visa stamping?
My question to manish:
1. Did all the three cases you mentioned recieve the approval after 180 days or within the period?
2. Is the reciept notice for I539 filing petition enough to stay in US further?
Please let me know..
Thank you,
My question to Siva:
1. Did you receive the approval notice within the 180 days period or after that?(since you filed the i539 after 2months)?
2. If you received after 180 days, was there any problem in getting the visa stamping?
My question to manish:
1. Did all the three cases you mentioned recieve the approval after 180 days or within the period?
2. Is the reciept notice for I539 filing petition enough to stay in US further?
Please let me know..
Thank you,
