out of status

[blumhen]

Thank you, Lana, so much.I was so confused, because of the letter that I received from USCIS. But I asked my school to check my status, and they said that everything is OK. I wasn't sure if they are right, that is why I asked you. And I am so glad that I found your forum. Thank you a lot for been always beside and so helpful.

 

[blumhen]

to Lana: Lana, as you told me, I updated my records with SEVIS, I am in status. But, I am planning to go home next summer. My husband will stay in the US, he is going to change his F-1 visa to H1B next fall. My questions:
When I applied for AOS , I had an interview and gave the original I-94 form and F-1 approval notice to USCIS officer. Than, I received a denied letter, and right now I have only copies of those documents (USCIS did not return original forms). So, as I know when you depart the US you have to give your I-94, right? If a copy of I-94 acceptable? What documents should I take to the airport? (Sorry, for many questions,I just want to leave legally, and do not have any problems with getting visa in a future).
And the other question:When my husband will apply to H1B visa, I will already be in my country. But, can he still put my name( as his wife) on his application for exchange visa.Or, I would have to wait until he change his status, and then apply to US Consular in my country? Please, let me know.

 

[ImmigAttyLana]

If you are already in your country when he files for the H-1B, he cannot include you in the application. You will need to wait until his H-1B is approved and only then apply for the H-4 at the US Consulate in your home country on the basis of his approved H-1B.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

 

[blumhen]

to Lana: thank you Lana, but what about a copy of I-94 that I asked you?
And also, what is better, to stay in the USA and apply together with him, or go home and apply with US Consular? Is it easier to get a visa in Consular if you already have approved from USCIS?

 

[ImmigAttyLana]

I think I have already answered the part about whether it is easier to get the H-4 if USCIS has already approved the change of status. It is NOT. It is really the same exact procedure of applying for the H-4, regardless of whether you are making the initial application at the US Consulate abroad or if you already have an approval notice of the change of status in hand and are applying for the H-4 visa abroad on the basis of that approval. The review and the scrutiny is the same.

As for the copy of the I-94, you can show the copy, but you should probably also have a copy of the receipt notice showing that you've applied for a replacement I-94 if you are going to do this.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

 

[blumhen]

To Lana: Hi, I wonder how can I apply ( and if I can apply) for a replacement I-94? as I wrote before INS took my origional I-94 during the interview and never returned. Please let me know.

 

[ImmigAttyLana]

You can apply for a replacement I-94 but it will take a very long time (3-5 months) to get it so I don't know if that is really a practical solution for you if you need to travel soon.

 

[blumhen]

I am planning to leave on June, so I have time.I am just worry if I eligible to apply and what a reason when INS deny to give a new I-94?

 

[ImmigAttyLana]

There is no reason to deny it; you are just asking for a replacement by explaining that you've misplaced the original.

 

[blumhen]

thank you very much. Could you please let me know what form should I file, if there are any fee?

 

[ImmigAttyLana]

Form I-102 and the filing fee is $155.

 

[blumhen]

Thank you Lana!!!