B2 to H4 pending while in New York - not sure if I've overstayed?

[bluepisces304]

I'm a Hong Kong born-Canadian Citizen who holds a valid Canadian passport (exp. Jan 20, 2009). I was living & working in Hong Kong for a year and a half. I came to New York from Hong Kong as a visitor status to visit my boyfriend (Canadian Citizen like me but with H1-B) in Nov 2007. I wasn't going to stay for long, but he proposed to me in Feb 2008 and at the heat of the moment, we got married in New York in March 2008. My husband (now) has filed H4 for me through his company since March, we didn't think it'd take that long, but it's still pending at the moment (I assume 'cuz still haven't heard anything from it), and as I'm waiting for it, I didn't realize I've overstayed my 180 days (from Nov 2007) as Canadian visitor. My last entry stamp into New York from Hong Kong in my passport is marked Nov. 25, 2007 Class until "B2", and under the line, it marked "n/c" (I think)? I know "B2" means "visitor", but I don't know what "n/c" means.

Questions:
1. What does "n/c" means in the stamp below "B2"?
2. Am I in trouble?
3. Have I really "overstayed" since I hold a Canadian passport, and I was never given any "I-94" or any expiry date on my stay?
4. When or how do they count my 180 days?? From Nov 2007 when I came in or from March 2008 when I filed for H4?
5. Am I "out-of-status"? What status am I now technically?
6. Should I keep on waiting for my H4 while staying in New York?
7. Should I go back to Hong Kong to "complete" my journey assuming I've taken a long holiday and now I'm going back to work there?
8. Should I first go back to Hong Kong to "complete" my journey, then go back home to Canada, then come back to New York with all the neccessary documents and get my H4 there when I enter New York?
9. Will they not grant me the H4 because I've overstayed?
10. Will they really know I've overstayed since I was never given any I-94 as Canadian visitor (except when I was on F1 and TN)?

Could anyone please help me? I'm so confused, worried, and going out of my mind. I can't get any straight answer from anyone or anywhere! It's been so frustrating! I really don't know what to do. I just need to know if I need to leave right now, because I don't want to continue breaking any law.

I'd really appreciate it if you could help me clear up my confusion. Thank you so much for your time.

[txh1b]

1. My guess No Changes to status.
2. Yes
3. I think, Yes.
4. The 180 days is not a default. For all you know, the IO might have forgotten to write the DOE on the I-94 and given you 2 months of stay.
5. No status. If you were given 180 days and your H4 was filed before your status expired, you could possibly stay as pending application filed properly gives authorized presence.
6. Depends on what your I-94 exp date is. Otherwise, it is guess work.
7. Your B2 will be void if you had overstayed and future entry or visa is a problem.
8. Same issues as #7.
9. If you applied before the I-94 expired, they would. But the N/C comment makes me think it means no changes allowed and USCIS will deny the application. You should talk to the lawyer.
10. Yes

[bluepisces304]

Thank you so much for your quick reply. It's all very helpful. So, I know I'm in trouble now. But I still should not leave until I get my H4 approval here in the States, right? I mean, either they reject me and I'll leave and apply again from my home country (Canada), but they can just keep my file on pending forever, right?

[txh1b]

If they deny, you might have accumulated unauthorized presence and 180 days of such presence gives you a 3 year band and 1 year or above gives you a 10 year ban.

[bluepisces304]

Thanks again there. But I'm just wondering still... how can they ban me from coming into the States when I have all my legal documents that I am married, and I didn't overstay when my husband filed for my H4, and my husband is living and working in the States legally. The only trouble is I'm still waiting for it. So, when will I see the end of it? Please advise. Much is appreciated. Thanks.

[orion]

May be you are trying to live in what is called denial of truth despite knowing it

txh1b explained clearly how and why you might accumulate unauthorized presence.

[txh1b]

Stop wondering and talk to a lawyer. It is serious and not worth the ponder.

[bluepisces304]

Dear all, I just want everyone who has been reading and responding to my posts know that I've gone home (Canada) and came back to New York on Sunday (Aug 10, 08) without any trouble.

I had all the documents that my husband's company lawyer has provided and they (people from immigration) didn't even question me about anything and gave me a Multiple-Entry visa on my I-94. So, everything's fine. They didn't say I was overstayed or out-of-status, because I didn't overstay before I got married. Then, after I got married, I was considered to be in "pending" status. Though I'm still waiting for my H4 from the mail, but I can now go in and out without trouble even without my H4 as long as I always carry all the supporting documents with me when travel!

[txh1b]

It may sound fine but brace yourself for troubles during GC. You need to talk to a lawyer.