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punnoose
08-09-2011, 12:28 PM
The I-485 got rejected and I-140 got approved. The attorney said to go back to home country and get it stamped and come back. Can I leave my children here? They're both under 18. Any help would be appreciated, thanks!

thomachan72
08-09-2011, 12:55 PM
The I-485 got rejected and I-140 got approved. The attorney said to go back to home country and get it stamped and come back. Can I leave my children here? They're both under 18. Any help would be appreciated, thanks!

question unclear. Include more details.

punnoose
08-09-2011, 01:01 PM
Do I have to wait 3 years until I can enter US again? What are the advantages that I-140 would provide us in the consulate while trying to renew the visa?

punnoose
08-11-2011, 11:22 AM
Anyone? Can I still file for the I-485 with my visa expired and the I-140 approved? Help!

cleopatra
08-11-2011, 11:43 AM
Anyone? Can I still file for the I-485 with my visa expired and the I-140 approved? Help!

Your question is confusing. Explain your situation clearly.

punnoose
08-11-2011, 11:47 AM
Your question is confusing. Explain your situation clearly.

We applied for the I-140 when we still had I-94. But it expired last september 2010. We got news that our I-140 got accepted last week. In the acceptance form, it states that the next step is to apply for I-485. But the problem is, I-94 is expired. I don't know if I should go back to the home country and renew it or just apply for I-94 and ignore the expiration date. Also, almost a year has passed after the expiration date. Any help on what to do now would be appreciated!

PHANI_TAVVALA
08-11-2011, 12:00 PM
We applied for the I-140 when we still had I-94. But it expired last september 2010. We got news that our I-140 got accepted last week. In the acceptance form, it states that the next step is to apply for I-485. But the problem is, I-94 is expired. I don't know if I should go back to the home country and renew it or just apply for I-94 and ignore the expiration date. Also, almost a year has passed after the expiration date. Any help on what to do now would be appreciated!

You are out-of-status if your I-94 has expired and didn't extend your H1B(and your EAD is invalid once I-485 is rejected unless you file MTR). If you had applied for H1B renewal then you would have got a new I-94 attached to your I-797B approval. You will need to reapply H1B and go for visa stamping ASAP.

punnoose
08-11-2011, 01:45 PM
You are out-of-status if your I-94 has expired and didn't extend your H1B(and your EAD is invalid once I-485 is rejected unless you file MTR). If you had applied for H1B renewal then you would have got a new I-94 attached to your I-797B approval. You will need to reapply H1B and go for visa stamping ASAP.

Will there be a 3 year ban from entering US? Since it is been 11 months since the expiration date.

permfiling
08-11-2011, 03:27 PM
We applied for the I-140 when we still had I-94. But it expired last september 2010. We got news that our I-140 got accepted last week. In the acceptance form, it states that the next step is to apply for I-485. But the problem is, I-94 is expired. I don't know if I should go back to the home country and renew it or just apply for I-94 and ignore the expiration date. Also, almost a year has passed after the expiration date. Any help on what to do now would be appreciated!


Please update your profile as we cannot give responses without knowing where you are in the non-immigration/immigration process.

You can apply for 485 as green card and your status of stay are two different processes, you mention the correct info of the i-94 you have. There is nothing stopping you form applying 485 as it is the responsibility of USCIS to check for the required info on your application.

indigo10
08-11-2011, 05:51 PM
The I-485 got rejected and I-140 got approved. The attorney said to go back to home country and get it stamped and come back. Can I leave my children here? They're both under 18. Any help would be appreciated, thanks!

Did you apply them together ? What was the reason for rejection of 485 ?