Announcement

Collapse
No announcement yet.

H4, out of status, I-485 filed Need help

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • H4, out of status, I-485 filed Need help


    Petition for my COS to H1B from F1 OPT was filed in August 2000 and we
    received the approval in Nov 2000. Subsequently I and my wife traveled
    to India in Dec 2000 and got the H1 and H4 stamp in our passport using
    the H1 approval notice.

    In April 2002 my company transfered me to our
    Virginia facility and filed for H1 transfer and EOS that came through in
    September 2002 with validity till March 14 2005. Per the company
    lawyer's request I had provided all the pertinent documents and duly
    filled I-539 for my wife's H4. The company lawyer's however did not
    file I-539 as she still had another year and half on her original H4
    visa and I-94. I was however not informed about it.

    The H1 EOS notice
    I received in September 2002 from the lawyer was identical in content to
    the COS notice I had received in 2000 and I was informed that all the
    paperwork was in order and I can move with my family to the new
    facility.

    I also was under the mistaken belief that the H1 EOS
    approval notice would be sufficient just like previous H1 COS for both
    of us and validates both our stay till March 14 2005. I had no inkling
    till last week that my wife was out of status from August 31 2003

    We
    filed the I-140 petition for an EB1 outstanding researcher in September
    2003 and the I-485 petition for AOS and I-131 for AP and I-765 for EAD
    in March 2004 for both me and my wife. The permanent residency petition
    was through a different law firm and to our misfortune, these lawyers
    also did not find and flag my wife being out of status based on the
    documents I sent them.

    We were planning to go to India in July after
    4.5 years to attend my wife's only sibling's marriage and doing my due
    diligence I contacted our lawyers to verify the type of documents we
    would need for the travel and just like a bolt from the blue our company
    lawyer's informed us that she is out of status and they had missed
    filing for her H4 extension and she cannot travel outside US as she is
    now out of status over 180 days and will be barred from entry for 3
    years. They have now put together the I-539 application for Nunc Pro
    Tunc (NPT) extension and will be filing it tommorow.

    A perusal of the
    postings on the net make it clear that, though USCIS will adjudicate on
    case by case basis a NPT extension and it is typically an instrument to
    correct their oversight and not an attorney's error, but how common is
    the oversight of dependent I-539 EOS non-filing and do any of the
    netizens have the statistics on typical NPT approval for non-USCIS
    errors? Are there any success stories? What were the arguments proferred
    that convinced the USCIS officers to grant NPT extension? Has anyone
    used a congressman's support and does it help?

    I also believe my wife's
    I-485 AOS, I-131 AP and I-765 EAD applications will be deemed
    unacceptable due to her being out of status when we filed them, could we
    file a I-601 IV waiver now and stay in US till she receive the waiver to
    travel overseas? With the I-601 filing could she continue with her I-485
    AOS process? BTW we have two USC boys going to school here in US and
    could we contend the loss of their US education and family separation as
    extenuating reasons for getting the waiver?

    I have put forth all the
    pertinent information I look forward to receiving feedbacks from all of
    you knowledgeable netizens. It would help us a great deal in receiving
    your responses. The knowledge of my wife being out of status because of
    no fault of ours and the severity of the penalty for it and the
    enoromity of its effect on our family is anguishing us greatly. Any
    help and suggestion for remediation will be tremendously appreciated.


    Thanks

    Sincerely

    Venkat


    --
    Posted via http://britishexpats.com

  • #2
    H4, out of status, I-485 filed Need help


    Originally posted by vkr91
    Petition for my COS to H1B
    from F1 OPT was filed in August 2000 and we received the approval in Nov
    2000. Subsequently I and my wife traveled to India in Dec 2000 and got
    the H1 and H4 stamp in our passport using the H1 approval notice.In April 2002 my company transfered me to our Virginia facility and
    filed for H1 transfer and EOS that came through in September 2002 with
    validity till March 14 2005. Per the company lawyer's request I had
    provided all the pertinent documents and duly filled I-539 for my wife's
    H4. The company lawyer's however did not file I-539 as she still had
    another year and half on her original H4 visa and I-94. I was however
    not informed about it.
    The H1 EOS notice I received in September
    2002 from the lawyer was identical in content to the COS notice I had
    received in 2000 and I was informed that all the paperwork was in order
    and I can move with my family to the new facility.
    I also was
    under the mistaken belief that the H1 EOS approval notice would be
    sufficient just like previous H1 COS for both of us and validates both
    our stay till March 14 2005. I had no inkling till last week that my
    wife was out of status from August 31 2003
    We filed the I-140
    petition for an EB1 outstanding researcher in September 2003 and the I-
    485 petition for AOS and I-131 for AP and I-765 for EAD in March 2004
    for both me and my wife. The permanent residency petition was through a
    different law firm and to our misfortune, these lawyers also did not
    find and flag my wife being out of status based on the documents I sent
    them.
    We were planning to go to India in July after 4.5 years to
    attend my wife's only sibling's marriage and doing my due diligence I
    contacted our lawyers to verify the type of documents we would need for
    the travel and just like a bolt from the blue our company lawyer's
    informed us that she is out of status and they had missed filing for her
    H4 extension and she cannot travel outside US as she is now out of
    status over 180 days and will be barred from entry for 3 years. They
    have now put together the I-539 application for Nunc Pro Tunc (NPT)
    extension and will be filing it tommorow.
    A perusal of the postings
    on the net make it clear that, though USCIS will adjudicate on case by
    case basis a NPT extension and it is typically an instrument to correct
    their oversight and not an attorney's error, but how common is the
    oversight of dependent I-539 EOS non-filing and do any of the netizens
    have the statistics on typical NPT approval for non-USCIS errors? Are
    there any success stories? What were the arguments proferred that
    convinced the USCIS officers to grant NPT extension? Has anyone used a
    congressman's support and does it help?
    I also believe my wife's
    I-485 AOS, I-131 AP and I-765 EAD applications will be deemed
    unacceptable due to her being out of status when we filed them, could we
    file a I-601 IV waiver now and stay in US till she receive the waiver to
    travel overseas? With the I-601 filing could she continue with her I-485
    AOS process? BTW we have two USC boys going to school here in US and
    could we contend the loss of their US education and family separation as
    extenuating reasons for getting the waiver?
    I have put forth all
    the pertinent information I look forward to receiving feedbacks from all
    of you knowledgeable netizens. It would help us a great deal in
    receiving your responses. The knowledge of my wife being out of status
    because of no fault of ours and the severity of the penalty for it and
    the enoromity of its effect on our family is anguishing us greatly. Any
    help and suggestion for remediation will be tremendously appreciated.
    Thanks Sincerely Venkat

    Venkat,

    We have
    been successful two recent times in memory in cases similar to you where
    a person's status was neglected by another atty and then they were left
    with an out of status/unlawful presence issue. We most recently had
    this issue turned around through the Nebraska Service Center.

    It took a
    lot of work on our end, congressional invovlement and dealing closely
    with the Service Center ombudsman, but it has been done before so it can
    be done again. One of the main points of argument we used for a nunc
    pro tunc of a spouse's status was the improper/negligence of of the
    previous immigration attorneys.

    Good luck with your nunc pro tunc
    filing for your wife. It is a serious issue that could cause problems
    for her green card processing.

    Andrew

    Andrew M. Wilson, Esq.

    [email protected]
    www.srwlawyers.com


    --
    Posted via http://britishexpats.com

    Comment


    • #3
      H4, out of status, I-485 filed Need help


      Originally posted by Andrew Wilson
      Venkat, We have
      been successful two recent times in memory in cases similar to you where
      a person's status was neglected by another atty and then they were left
      with an out of status/unlawful presence issue. We most recently had
      this issue turned around through the Nebraska Service Center.
      It
      took a lot of work on our end, congressional invovlement and dealing
      closely with the Service Center ombudsman, but it has been done before
      so it can be done again. One of the main points of argument we used for
      a nunc pro tunc of a spouse's status was the improper/negligence of of
      the previous immigration attorneys.
      Good luck with your nunc pro
      tunc filing for your wife. It is a serious issue that could cause
      problems for her green card processing.
      Andrew Andrew M.
      Wilson, Esq.www.srwlawyers.com

      Andrew,

      Thanks a lot, your
      response boosts our confidence. We will continue to work with the
      attorneys and solicit congressional help to turn around this issue
      successfully.

      Our petition will be going to VSC, does anybody have an
      update on NPT filing through VSC and the outcomes. Thanks

      Venkat


      --
      Posted via http://britishexpats.com

      Comment


      • #4
        Originally posted by vkr91
        Originally posted by Andrew Wilson

        Venkat, We have been successful two recent times in memory in cases similar to you where a person's status was neglected by another atty and then they were left with an out of status/unlawful presence issue. We most recently had this issue turned around through the Nebraska Service Center.

        It took a lot of work on our end, congressional invovlement and dealing closely with the Service Center ombudsman, but it has been done before so it can be done again. One of the main points of argument we used for a nunc pro tunc of a spouse's status was the improper/negligence of the previous immigration attorneys.

        Good Luck with your nunc pro tunc filing for your wife. It is a serious issue that could cause problems for her green card processing.

        Andrew M. Wilson, Esq.
        www.srwlawyers.com

        Andrew,

        Thanks a lot, your
        response boosts our confidence. We will continue to work with the
        attorneys and solicit congressional help to turn around this issue
        successfully.

        Our petition will be going to VSC, does anybody have an
        update on NPT filing through VSC and the outcomes. Thanks

        Venkat
        --
        Posted via http://britishexpats.com
        Venkat:

        What was the final outcome of your case? And if it was a positive result, what did it take to get it? I am in a similar situation with my wife's H-4, and about to file the I-485 package. I would appreciate very much if you could response at your earliest. You can email me too. Thanks in advance.
        --
        KabirNJ

        Comment

        Working...
        X