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IPv6Freely Community Regular

IPv6Freely   64

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Soo... apparently I've overstayed.

I just now found out that the form my current employer actually sent off to USCIS back in 2010 when I was hired (while already on TN status) was the I-129.

As I've mentioned in other threads, my I-94 expires 01/04/2012. The I-797A that USCIS sent me as a result of the I-129 application has an expiry of 04/19/2013.

I made the assumption that I was in status until 04/19/2013. But I just read on the USCIS website under the I-129 instructions:

I-94 Validity:

When an alien beneficiary with an approved I-129 petition is admitted to the United States, CBP grants the alien beneficiary a period of stay documented on Form I-94 or as noted in the passport or travel document.

If the expiration date on the Form I-94 ends before the validity period of the I-129 petition (as shown on the I-797 approval notice) one of the following must occur before the expiration date on the Form I-94 or as noted in the passport or travel document:

  • A request for an extension of stay must be filed on behalf of the alien using Form I-129; or
  • An application for some other immigration benefit that would allow the alien to remain in the United States must be filed; or
  • The alien must depart the United States.

Now, of course the overstay itself is irrelevant since I'm filing AOS for family-based permanent residency. However, I'm worried that putting 04/19/2013 as my expiry date on my AOS application will cause issues.

Should I be worried?

05/15/2006 - Moved to Kansas, USA on TN Status

10/16/2009 - Married in Missouri, USA
 

Family-based AOS from TN Status - Complete

Spoiler

(DAY 00) 06/18/2012 - Sent AOS Package to Chicago Lockbox

(DAY 01) 06/19/2012 - AOS Package received

(DAY 04) 06/22/2012 - Texts/Emails from USCIS confirming receipt

(DAY 07) 06/25/2012 - I-130 and I-485 checks cashed

(DAY 08) 06/26/2012 - NOA received in the mail

(DAY 12) 06/30/2012 - Biometrics appointment letter received in the mail. Appointment for 7/17/2012

(DAY 29) 07/17/2012 - Biometrics completed.

(DAY 51) 08/08/2012 - Interview email received. Scheduled for 9/11.

(DAY 53) 08/10/2012 - Paper Interview notice received in mail.

(DAY 86) 09/11/2012 - Interview. Approved on the spot.

(DAY 86) 09/11/2012 - GC Production ordered

(DAY 86) 09/11/2012 - EAD production ordered (not that I need it now...)

(DAY 87) 09/12/2012 - Case status moved from "card production" to "decision"

(DAY 89) 09/14/2012 - 2nd GC production ordered notice

(DAY 92) 09/17/2012 - EAD and GC mailed

(DAY 94) 09/19/2012 - EAD and GC IN HAND!

 

 

N-400 Application (5 year residency) - San Diego Field Office - Complete

Spoiler

 

(DAY 000) 08/15/2017 - N-400 Filed Online

(DAY 000) 08/15/2017 - Receipt Received, Case number assigned

(DAY 004) 08/19/2017 - Biometrics Appointment notification received

(DAY 010) 08/25/2017 - Biometrics Appointment PDF Posted (Date: 09/05/2017)

(DAY 013) 08/28/2017 - Biometrics Appointment Completed Early (Walk-In)

(DAY 014) 08/29/2017 - Case status now "We Reviewed Your Biometrics". 

(DAY 053) 10/06/2017 - In-line for interview. EGOV updated to "Interview Was Scheduled"

(DAY 054) 10/07/2017 - Interview scheduled. ELIS updated to "View your letter on your documents tab"

(DAY 057) 10/10/2017 - Interview PDF posted (Interview Date: 11/14/2017)

(DAY 092) 11/14/2017 - Interview in San Diego (Approved)

(DAY 112) 12/04/2017 - EGOV updated to "Oath Ceremony Notice Was Mailed"

(DAY 113) 12/05/2017 - ELIS updated to "View your letter on your documents tab"

(DAY 128) 12/20/2017 - Oath Ceremony Completed.

 

 

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IPv6Freely Community Regular

IPv6Freely   64

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
  • Author
Posted

Hmm. Maybe not. Upon further inspection of the I-797A they sent back as a result of the I-129 application, it appears to be a whole new I-94.

FFtUI.jpg

Odd that it has no expiry on it, though. The top card in the photo is my original I-94 (from when I originally got my TN - not the very first time, but the last time I applied at the border for it), and the bottom right is the new I-94. The bottom left is the I-797A with the expiry date on it.

Am I ok? Was I correct in putting 04/19/2013 as the expiry on my AOS forms?

05/15/2006 - Moved to Kansas, USA on TN Status

10/16/2009 - Married in Missouri, USA
 

Family-based AOS from TN Status - Complete

Spoiler

(DAY 00) 06/18/2012 - Sent AOS Package to Chicago Lockbox

(DAY 01) 06/19/2012 - AOS Package received

(DAY 04) 06/22/2012 - Texts/Emails from USCIS confirming receipt

(DAY 07) 06/25/2012 - I-130 and I-485 checks cashed

(DAY 08) 06/26/2012 - NOA received in the mail

(DAY 12) 06/30/2012 - Biometrics appointment letter received in the mail. Appointment for 7/17/2012

(DAY 29) 07/17/2012 - Biometrics completed.

(DAY 51) 08/08/2012 - Interview email received. Scheduled for 9/11.

(DAY 53) 08/10/2012 - Paper Interview notice received in mail.

(DAY 86) 09/11/2012 - Interview. Approved on the spot.

(DAY 86) 09/11/2012 - GC Production ordered

(DAY 86) 09/11/2012 - EAD production ordered (not that I need it now...)

(DAY 87) 09/12/2012 - Case status moved from "card production" to "decision"

(DAY 89) 09/14/2012 - 2nd GC production ordered notice

(DAY 92) 09/17/2012 - EAD and GC mailed

(DAY 94) 09/19/2012 - EAD and GC IN HAND!

 

 

N-400 Application (5 year residency) - San Diego Field Office - Complete

Spoiler

 

(DAY 000) 08/15/2017 - N-400 Filed Online

(DAY 000) 08/15/2017 - Receipt Received, Case number assigned

(DAY 004) 08/19/2017 - Biometrics Appointment notification received

(DAY 010) 08/25/2017 - Biometrics Appointment PDF Posted (Date: 09/05/2017)

(DAY 013) 08/28/2017 - Biometrics Appointment Completed Early (Walk-In)

(DAY 014) 08/29/2017 - Case status now "We Reviewed Your Biometrics". 

(DAY 053) 10/06/2017 - In-line for interview. EGOV updated to "Interview Was Scheduled"

(DAY 054) 10/07/2017 - Interview scheduled. ELIS updated to "View your letter on your documents tab"

(DAY 057) 10/10/2017 - Interview PDF posted (Interview Date: 11/14/2017)

(DAY 092) 11/14/2017 - Interview in San Diego (Approved)

(DAY 112) 12/04/2017 - EGOV updated to "Oath Ceremony Notice Was Mailed"

(DAY 113) 12/05/2017 - ELIS updated to "View your letter on your documents tab"

(DAY 128) 12/20/2017 - Oath Ceremony Completed.

 

 

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peacefulocean Rookie

peacefulocean   0

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

Hmm. Maybe not. Upon further inspection of the I-797A they sent back as a result of the I-129 application, it appears to be a whole new I-94.

FFtUI.jpg

Odd that it has no expiry on it, though. The top card in the photo is my original I-94 (from when I originally got my TN - not the very first time, but the last time I applied at the border for it), and the bottom right is the new I-94. The bottom left is the I-797A with the expiry date on it.

Am I ok? Was I correct in putting 04/19/2013 as the expiry on my AOS forms?

Yes. The bottom part of the I-797A is an updated I-129 to staple onto your existing I-129. From the images you uploaded, your new expiry date appears to be 04/19/2013, so you were indeed correct in putting that date on your AOS form.

Best of luck to you.

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IPv6Freely Community Regular

IPv6Freely   64

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
  • Author
Posted

I-94, I assume you meant.

Thanks, was worried for a moment there! :)

05/15/2006 - Moved to Kansas, USA on TN Status

10/16/2009 - Married in Missouri, USA
 

Family-based AOS from TN Status - Complete

Spoiler

(DAY 00) 06/18/2012 - Sent AOS Package to Chicago Lockbox

(DAY 01) 06/19/2012 - AOS Package received

(DAY 04) 06/22/2012 - Texts/Emails from USCIS confirming receipt

(DAY 07) 06/25/2012 - I-130 and I-485 checks cashed

(DAY 08) 06/26/2012 - NOA received in the mail

(DAY 12) 06/30/2012 - Biometrics appointment letter received in the mail. Appointment for 7/17/2012

(DAY 29) 07/17/2012 - Biometrics completed.

(DAY 51) 08/08/2012 - Interview email received. Scheduled for 9/11.

(DAY 53) 08/10/2012 - Paper Interview notice received in mail.

(DAY 86) 09/11/2012 - Interview. Approved on the spot.

(DAY 86) 09/11/2012 - GC Production ordered

(DAY 86) 09/11/2012 - EAD production ordered (not that I need it now...)

(DAY 87) 09/12/2012 - Case status moved from "card production" to "decision"

(DAY 89) 09/14/2012 - 2nd GC production ordered notice

(DAY 92) 09/17/2012 - EAD and GC mailed

(DAY 94) 09/19/2012 - EAD and GC IN HAND!

 

 

N-400 Application (5 year residency) - San Diego Field Office - Complete

Spoiler

 

(DAY 000) 08/15/2017 - N-400 Filed Online

(DAY 000) 08/15/2017 - Receipt Received, Case number assigned

(DAY 004) 08/19/2017 - Biometrics Appointment notification received

(DAY 010) 08/25/2017 - Biometrics Appointment PDF Posted (Date: 09/05/2017)

(DAY 013) 08/28/2017 - Biometrics Appointment Completed Early (Walk-In)

(DAY 014) 08/29/2017 - Case status now "We Reviewed Your Biometrics". 

(DAY 053) 10/06/2017 - In-line for interview. EGOV updated to "Interview Was Scheduled"

(DAY 054) 10/07/2017 - Interview scheduled. ELIS updated to "View your letter on your documents tab"

(DAY 057) 10/10/2017 - Interview PDF posted (Interview Date: 11/14/2017)

(DAY 092) 11/14/2017 - Interview in San Diego (Approved)

(DAY 112) 12/04/2017 - EGOV updated to "Oath Ceremony Notice Was Mailed"

(DAY 113) 12/05/2017 - ELIS updated to "View your letter on your documents tab"

(DAY 128) 12/20/2017 - Oath Ceremony Completed.

 

 

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

Even if you put the incorrect date on your application, it will not cause you harm. They will verify your information (based on everything you send them) and can make adjustments, if needed.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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peacefulocean Rookie

peacefulocean   0

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

I-94, I assume you meant.

Thanks, was worried for a moment there! :)

Yes, Thank you!!!! I-94!!! Sorry i had been working on an I-129 and i must have just typed that in instead of the correct I-94! .

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