My i-94 expired about 45days ago. My H1B visa is valid until summer of 2013. My i-94 expired because when I came into the country my passport was going to expire in April 2012 and the i-94 date was written as the expiration date of my passport. I renewed my passport prior to expiration, but did not get a new i-94.
I happened to get married to a US citizen in February, 2012, and discovered the above when I started my GC application. I informed my workplace and am not working. I am interested in any preliminary insight on what to do (other than get an immigration lawyer).
2 other questions: if I leave the country and come back, would the 1.5month gap "look bad" on my record and keep me from re-entry? While I am not working, do I have my employee benefits [eg health insurance]?
I would just file for your green card in the US. You are probably not eligible for employee benefits if you are not working
If your spouse is a US citizen, you file for the green card with proof that you entered the US legally.
You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
My colleagues are correct.
Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.
As long as the marriage was entered into in good faith, you can file your applications for the green card and employment authorization along with your wife's immigrant petition. I suggest that you consult with a lawyer to make sure everything is in order.
Leaving the country now would make things more complicated for you. The process I described above takes only about 6 months. After that, you can travel freely.
Madrid Crost Law Group - (888) 466-4478; e-mail: [email protected]; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline