Urgent!Please help!

[xiaoqing]

What is the name of your state?TX

I entered USA in 2002 on H4 visa. In 2004 when I realized that my visa expired, I filed the H4 extension. It got denied. Then I found a lawyer to file a motion to reopen for me. It was said that the the motion to reopen was approved by the lawyer and through the uscis 1800 phone. But even until now I still haven't got any approval or denial notice sent to me. I am worried that I have been out of status. If I leave USA now, will I hit the 10 year bar? My husband is going to file his I485 soon. Is there any possibility for me to file my I485 with him? Am I out of status now? If I leave USA now, can I come back again without hitting the bar? Any advice will be highly appreciated. I have a nice family in USA. I don't want to be set apart from them for 10 years. Please, please, please help.What is the name of your state?

 

[ImmigAttyLana]

You need to determine what exactly is the status of your case after the motion to reopen before you can file for anything further. Why doesn't your attorney explain what is happening to you if it's been about 3 years since this has happened? Do you have a copy of your entire file?

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

 

[xiaoqing]

Thanks, Lana

Thank you for your response, Lana. I do have a copy of the entire file.I wonder if the lawyer knows what's going on. In November 2004, when my h4 extension got denied. The lawyer filed the motion to reopen immediately. After about a week, we were told that the motion to reopen was approved. The lawyer told us that if we received the approval notice, we would let her know. And if she received the notice, she would send it to us. But nothing happened. In December 2004, we moved to another city. In January 2005 we called the lawyer to tell her that we still didn't have the notice. She seemed surprised. But at that time, the lawyer had worked for another firm. She did nothing about the case any more. We called the firm which she worked for previously. Again, we were told that the case had been approved. We also called the uscis 1800 number and we told them that we had changed our address. We were told that we should send in an address change request and we would receive the approval notice within 30 days. But nothing happened. Whenever I checked the case status on line, the result was always pending even until today. Lana, could you please tell me where I can get information about the exactly status of the case? By the way, I also worry that if the motion to reopen was approved in December 2004, is my h4 expired again since almost 3 years have passed by? I didn't file any h4 extension during these years. Any advice will be appreciated. Thanks, thanks, thanks.

 

[ImmigAttyLana]

Yes, even if the motion to reopen would have been approved, it would have only approved the H-4 status through whatever date you had requested on the original application and it probably would have expired by now. I still don't understand why you are just wondering about this now since it's been 3 years since then. You need to find out exactly what is the status of the case by visiting the USCIS office unless you can get it from your attorney.

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

 

[xiaoqing]

Thank you, Lana

Thank you very much for your response again.