So even if you get GC out of turn, I believe the correct thing to do is to return it. Or it can be more problems.
Here's the link on that topic:
http://immigrationvoice.org/forum/forum105-immigrant-visa/659959-gc-received-in-error.html
You know these reporting back, reistating the status, etc takes lots of effort, money and time. I hate this kind of things. Why the hell we should pay for somebody's mistake?
On a side note:
If someone returns this kind of mistake-GC, then what will happen to the visa number? Will it get reclaimed and reused or go wasted?
Here's the link on that topic:
http://immigrationvoice.org/forum/forum105-immigrant-visa/659959-gc-received-in-error.html
You know these reporting back, reistating the status, etc takes lots of effort, money and time. I hate this kind of things. Why the hell we should pay for somebody's mistake?
On a side note:
If someone returns this kind of mistake-GC, then what will happen to the visa number? Will it get reclaimed and reused or go wasted?
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Is someone working to fix the issues with the IV Tracker? It is such an important tool, but still has bugs to be resolved.
When you try to restrict by country or Country of charge, it doesnt bring back any results.
Also, if you try to sory by priority date, the sorting doesnt seem to work.
=======================
Please keep sending all bugs and requested features in a PM.
A few people are leading this effort and collecting the bugs and new features
Chanduv23, needhelp!, walking_dude and santb1975 are people you can PM and they will help make this tracker better
Active members are requested to urge others to update their profile details for the tracker. If you find someone's profile has fake details, please give them a red dot.
Admins go through users with most red dots occasionally
- Admin
=====================
When you try to restrict by country or Country of charge, it doesnt bring back any results.
Also, if you try to sory by priority date, the sorting doesnt seem to work.
=======================
Please keep sending all bugs and requested features in a PM.
A few people are leading this effort and collecting the bugs and new features
Chanduv23, needhelp!, walking_dude and santb1975 are people you can PM and they will help make this tracker better
Active members are requested to urge others to update their profile details for the tracker. If you find someone's profile has fake details, please give them a red dot.
Admins go through users with most red dots occasionally
- Admin
=====================
California unemployment quite high.
I have my backup as India ( i will sell one of my land properties there and survive ,
also no worry about medical costs - leading cause of bankrupt americans ), but what
about the citizen here, where do they go to survive ?!
I have my backup as India ( i will sell one of my land properties there and survive ,
also no worry about medical costs - leading cause of bankrupt americans ), but what
about the citizen here, where do they go to survive ?!
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OK agreed , when it's a law we should abide by them.But what are the other options available for B? He can't be covered under 245(K) so this option is ruled out.He needs to forget about GC? Will it be helpful if he contacts good lawyer any hope? Or just rely on luck?
If this is a real scenario, then if I was him/her I would only give the last 3 paystubs, W2s, tax returns. If the USCIS can't guess that I have no paystubs for 185 days then I will not hand it to them on a platter. I would however answer EVERY question TRUTHFULLY on all forms completed
If this is a real scenario, then if I was him/her I would only give the last 3 paystubs, W2s, tax returns. If the USCIS can't guess that I have no paystubs for 185 days then I will not hand it to them on a platter. I would however answer EVERY question TRUTHFULLY on all forms completed
Keith,
My sensors always seem to be dust magnets ... probably because I shoot with mostly primes and switch lenses a lot outdoors and in places that the lens just probably shouldn't be off the camera.
The site Mats recommends looks like it might have some good instructions, but the best advice I've been given was buy a Rocket blower (it's just a big bulb type blower that's shaped like a rocket for about $20). Most of the time 3 or 4 blasts of air with the rocket blower does the trick. (Never use canned air by the way.) And be careful how far you insert the end of the blower into your camera once the mirror is locked.
Shortly after buying a new 30D I got a little overzealous and smeared the end of the blower across the sensor. After pulling my heart back out of my feet, because I was certain I'd destroyed my new camera, and reading several sites like the one above, I violated all the rules and used standard cotton swabs my wife had in the bathroom (because it was the weekend and I live in the country where camera stores and medical supply shops are not close by or open) and I was able to easily clean the smear I had created across the sensor. The only problem I've had since was more dust.
It's kind of scary the first time, but in reality it is not brain surgery. If you use due care and the right kinds of material, you should have no problem removing the dust yourself. At $75 a cleaning, if I took my camera in every time I had a little dust I would have to give quit shooting.
Blessings,
Lee
My sensors always seem to be dust magnets ... probably because I shoot with mostly primes and switch lenses a lot outdoors and in places that the lens just probably shouldn't be off the camera.
The site Mats recommends looks like it might have some good instructions, but the best advice I've been given was buy a Rocket blower (it's just a big bulb type blower that's shaped like a rocket for about $20). Most of the time 3 or 4 blasts of air with the rocket blower does the trick. (Never use canned air by the way.) And be careful how far you insert the end of the blower into your camera once the mirror is locked.
Shortly after buying a new 30D I got a little overzealous and smeared the end of the blower across the sensor. After pulling my heart back out of my feet, because I was certain I'd destroyed my new camera, and reading several sites like the one above, I violated all the rules and used standard cotton swabs my wife had in the bathroom (because it was the weekend and I live in the country where camera stores and medical supply shops are not close by or open) and I was able to easily clean the smear I had created across the sensor. The only problem I've had since was more dust.
It's kind of scary the first time, but in reality it is not brain surgery. If you use due care and the right kinds of material, you should have no problem removing the dust yourself. At $75 a cleaning, if I took my camera in every time I had a little dust I would have to give quit shooting.
Blessings,
Lee
How there could be demand for visa numbers for EB2 India between the years 2000 & 2002. The possible sources of such visa number demand would be from BEC or LC substitution. Both require filing a new I-140 recently, which most likely would not have been approved yet. Are visa numbers alloted even before I-140 is approved??
Unless there were some real unlucky ones with PD earlier than 2002 that got through 'namecheck' just recently.
You forget that BECs were clearing up since some time now, and that 140PP was available until late July. Which person in his/her right mind having endured the BEC nightmare would not have done the 140PP, and if they did that and filed concurrently, then if all goes well 485 could easily get wrapped up in 4-6 months. I know of a person from EB2 ROW who got his green card start(PERM) to finish(485 approval) in 8mths flat. Similar examples, if a little slower abound at . To him this can seem an efficient system!
Unless there were some real unlucky ones with PD earlier than 2002 that got through 'namecheck' just recently.
You forget that BECs were clearing up since some time now, and that 140PP was available until late July. Which person in his/her right mind having endured the BEC nightmare would not have done the 140PP, and if they did that and filed concurrently, then if all goes well 485 could easily get wrapped up in 4-6 months. I know of a person from EB2 ROW who got his green card start(PERM) to finish(485 approval) in 8mths flat. Similar examples, if a little slower abound at . To him this can seem an efficient system!
until today my I485 was 60 days outside the processing times.
Now it is not.
I had previously inquired (service request) what's up, I was told by phone they cannot even process SR because they are more than 60 days behind published dates.
Things that caused Nebraska to move back:
Transfers from Texas Service Center
180 day name check rule
Some categories moving forward in VB, and they had not been doing pre-adjudication.
They are trying to make processing dates reflect reality (and reduce service requests)
The only logical thing was to move the processing date back, if only to reduce the service requests coming in.
I don't know if they still have to process my SR, it was raised when 60 days behind, but now it is only about 34 days behind.
This is some sign of some LIMITED attempt to process as FIFO for receipt date.
hi there! but what if mine's rcpt date is july 21? the last processing time was July 30, 2007??? my friend who has a rcpt date of July 19 got her gc already. Do you think they already finished processing the cases from July 20-July 30?? cause its been a month and they should finish it before they moved back because it's just 10 freakin days! right? last january 2008 they processed from april 2007-June 19 (my friend had hers already).. im so upset
Now it is not.
I had previously inquired (service request) what's up, I was told by phone they cannot even process SR because they are more than 60 days behind published dates.
Things that caused Nebraska to move back:
Transfers from Texas Service Center
180 day name check rule
Some categories moving forward in VB, and they had not been doing pre-adjudication.
They are trying to make processing dates reflect reality (and reduce service requests)
The only logical thing was to move the processing date back, if only to reduce the service requests coming in.
I don't know if they still have to process my SR, it was raised when 60 days behind, but now it is only about 34 days behind.
This is some sign of some LIMITED attempt to process as FIFO for receipt date.
hi there! but what if mine's rcpt date is july 21? the last processing time was July 30, 2007??? my friend who has a rcpt date of July 19 got her gc already. Do you think they already finished processing the cases from July 20-July 30?? cause its been a month and they should finish it before they moved back because it's just 10 freakin days! right? last january 2008 they processed from april 2007-June 19 (my friend had hers already).. im so upset
2010 angel-wings-tattoos-pictures-
Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) was a guest speaker at a February 28, 2007 Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA). Mr. Oppenheim was kind enough to share his office�s visa number / Visa Bulletin expectations for 2007.
HISTORICAL BACKGROUND OF RETROGRESSION
Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.
PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS
Employment-Based First Preference / EB1
Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).
Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.
This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.
Employment-Based Second Preference / EB2
The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.
Employment-Based Third Preference / EB3
No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.
Double Dipping
Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.
CONCLUSION
We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
HISTORICAL BACKGROUND OF RETROGRESSION
Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.
PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS
Employment-Based First Preference / EB1
Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).
Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.
This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.
Employment-Based Second Preference / EB2
The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.
Employment-Based Third Preference / EB3
No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.
Double Dipping
Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.
CONCLUSION
We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
USCIS does not seem to be corrupt. It seems to be running by proxy with no accountability, no follow ups on what they do, and they always make excuses to show that they follow rules ...(which are breakable).
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I travelled outside USA before the expiry of VISA date while 7th yr H1b extension is going on based on my labor.
Here is the dates for clarity.
my visa date was upto Oct, 2005. Applied for H1b Extension in May, 2005. Travelled in June, 2005. came back in July 2005. Got approval for 7th yr. after a few days after my arival.
Here is the dates for clarity.
my visa date was upto Oct, 2005. Applied for H1b Extension in May, 2005. Travelled in June, 2005. came back in July 2005. Got approval for 7th yr. after a few days after my arival.
Check with this:
If I filed my case previously without an application for employment authorization or advance parole, how do I apply now for those benefits?
If you failed to apply for work card or a travel document at the time you filed your adjustment of status application, you need to wait until you received a receipt for the I-485 petition. You can then apply for work and travel benefits by providing a copy of the receipt along with the other forms and supporting documentation.
As far as I remember there was case with one of the IV member whose EAD/AP checks got cashed although he filed on July 2nd. He was the only case of its type and I remember someone from the core clarifying that Aman or pappu helped that guy file his 485 case but his EAD was filed separately. I'm not sure how they manage to do that.
You may want to PM pappu or logiclife for that.
If I filed my case previously without an application for employment authorization or advance parole, how do I apply now for those benefits?
If you failed to apply for work card or a travel document at the time you filed your adjustment of status application, you need to wait until you received a receipt for the I-485 petition. You can then apply for work and travel benefits by providing a copy of the receipt along with the other forms and supporting documentation.
As far as I remember there was case with one of the IV member whose EAD/AP checks got cashed although he filed on July 2nd. He was the only case of its type and I remember someone from the core clarifying that Aman or pappu helped that guy file his 485 case but his EAD was filed separately. I'm not sure how they manage to do that.
You may want to PM pappu or logiclife for that.
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Well you can always get the Equivalence Certificate from know Evaluator. USCIS also uses few Evaluators’ for various purposes. You should find one of those and get the Evaluation done by them. 3 year Indian degree is VERY MUCH equal to a 4 years BS degree in the US. It's very interesting they way these evaluators do it.
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I am on an EAD (dependent), as my husband was the primary applicant. He has got his GC and mine got stuck after the July - Aug 2007 fiasco :(.
I want to start a IT company with my friend who is a US Citizen. I know my husband is a sure shot to have the company in his name however, he is in a full-time job.
My questions:
1) Can I start / partner with a friend who is a US Citizen?
2) I am thinking of an LLC. Is that ok? or should it be S-Corp? More reading of S-corp says to be US Citizen or US Permanent Resident so I am more leaning towards LLC. Also there is a provision that we could change LLC to S-corp at a later date (if needed).
3) What should I make sure if I go through the LLC route? - like Designation, Salary that I can take, work for the same company etc
4) Does state make any difference? If so how? I am a PA resident and my friend is from Texas. We are thinking of registering the company in Texas.
5) I got my 2 yr EAD valid till Sep 2010. Is there any special procedure that I need to do or just extend it before it expires.
Any tips / advice from the experts will be highly appreciated.
I want to start a IT company with my friend who is a US Citizen. I know my husband is a sure shot to have the company in his name however, he is in a full-time job.
My questions:
1) Can I start / partner with a friend who is a US Citizen?
2) I am thinking of an LLC. Is that ok? or should it be S-Corp? More reading of S-corp says to be US Citizen or US Permanent Resident so I am more leaning towards LLC. Also there is a provision that we could change LLC to S-corp at a later date (if needed).
3) What should I make sure if I go through the LLC route? - like Designation, Salary that I can take, work for the same company etc
4) Does state make any difference? If so how? I am a PA resident and my friend is from Texas. We are thinking of registering the company in Texas.
5) I got my 2 yr EAD valid till Sep 2010. Is there any special procedure that I need to do or just extend it before it expires.
Any tips / advice from the experts will be highly appreciated.
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Well, I disagree - I am sure they have certain number of work force dedicated to work on I-485 cases. They will not accept any I-485 till October....so tell me one more time what are they going to do till October?
I agree with rest of your points about family based AP, EAD etc.
I agree with rest of your points about family based AP, EAD etc.
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Please do not raise old hot topics.
The confusion created is enough. Do not confuse more and more.
Let IV work on one issue which ever is under consideration.
We need not to scare any body by mentioning H4 and nonsense.
Let everybody get some drink first. Then everyone wait for solid stuff.
[QUOTE=dionysus]My view is that IV must reassess and realign its goals. The goal of I-485 filing without a current PD is too ambitious to start with. Remember, I-485 is the most time-consuming and lengthy stage of a GC, what with security and background checks, tax records checks, prior legal stays in US and medical tests to name just a few. CIS is swamped with many I-485 applications as it is. If it opens the flood gates for 485 filing, its system will simply collapse under the stampede of estimated 1 million GC seekers. There is no chance in hell that CIS will throw open the gates of I-485 filing for all and sundry.
The confusion created is enough. Do not confuse more and more.
Let IV work on one issue which ever is under consideration.
We need not to scare any body by mentioning H4 and nonsense.
Let everybody get some drink first. Then everyone wait for solid stuff.
[QUOTE=dionysus]My view is that IV must reassess and realign its goals. The goal of I-485 filing without a current PD is too ambitious to start with. Remember, I-485 is the most time-consuming and lengthy stage of a GC, what with security and background checks, tax records checks, prior legal stays in US and medical tests to name just a few. CIS is swamped with many I-485 applications as it is. If it opens the flood gates for 485 filing, its system will simply collapse under the stampede of estimated 1 million GC seekers. There is no chance in hell that CIS will throw open the gates of I-485 filing for all and sundry.
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http://competeamerica.org/news/media_coverage/2006_02/20060222_rno.html
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I'm not sure if Indian citizens are eligible to apply for an investment visa here...
of course they can, investment visa has not country quotas. Money speaks:)
of course they can, investment visa has not country quotas. Money speaks:)
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Option 1> Try to bring your wife to US before aug 17. (No risk at all)
Option 2> File it and do not use EAD and stay on H1b so you can bring your wife on H4. ( Thers is some risk. 99.99% USCIS is not going to do anything with your I485 till Oct'07 except sending you receipt. But god forbid, they approve your application before that then you are in trouble because you won't be able to bring your wife to US. Chances of happening this is very slim). Get benefit of AC21.
Option-3> Do not apply. And wait for 2005 becode current ( this is not going to happen atleast for next 3-4 years without any new legislation. And if you change job or somethingm, restart it from 0, no AC21 benefit.
In short, FILE IT....
Option 2> File it and do not use EAD and stay on H1b so you can bring your wife on H4. ( Thers is some risk. 99.99% USCIS is not going to do anything with your I485 till Oct'07 except sending you receipt. But god forbid, they approve your application before that then you are in trouble because you won't be able to bring your wife to US. Chances of happening this is very slim). Get benefit of AC21.
Option-3> Do not apply. And wait for 2005 becode current ( this is not going to happen atleast for next 3-4 years without any new legislation. And if you change job or somethingm, restart it from 0, no AC21 benefit.
In short, FILE IT....
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Hello,
I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
Please help.
Thank you.
As rustamehind mentioned, file Motion to re-open. If you get your EAD before re-opened H1B is approved/denied, you can start working on EAD.
btw, do you know the reason for denial? what RFE you got? What center you applied? I hear lot of RFEs/denials from California center.
I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
Please help.
Thank you.
As rustamehind mentioned, file Motion to re-open. If you get your EAD before re-opened H1B is approved/denied, you can start working on EAD.
btw, do you know the reason for denial? what RFE you got? What center you applied? I hear lot of RFEs/denials from California center.
I just checked what I had filed last time and this is what I have selected (c) (09).
Also, can anyone tell me, once they e-File, does it tell you where to send the documents to?
Thanks for the help.
Also, can anyone tell me, once they e-File, does it tell you where to send the documents to?
Thanks for the help.
If I leave US now, will I be banned 3 years to enter, even though my H1-B and I-94 now have all valid dates?
I doubt they will find out your were out of status at border - as they must only check current I-94 and they have troubles finding all your I-94s or even any I-94s you have if you do not have them with you. So I am pretty sure they will only check the latest one you have in your hand (though I am not border patrol officer but I have gone through the procedure of looking-up my status at border control checkpoint inside USA).
But green card application process requires to look through all your history and this is when it will be brought up. You need a better attorney on this question then your current attorney is. I guess it would be a good idea to exclude this period somehow from green card application by applying later or a good lawyer might be able to appeal to some regulations that could resolve it as it was not entirely your fault, since I-94 does not have to match passport validity dates and so it was border patrol officer mistake at first.
I doubt they will find out your were out of status at border - as they must only check current I-94 and they have troubles finding all your I-94s or even any I-94s you have if you do not have them with you. So I am pretty sure they will only check the latest one you have in your hand (though I am not border patrol officer but I have gone through the procedure of looking-up my status at border control checkpoint inside USA).
But green card application process requires to look through all your history and this is when it will be brought up. You need a better attorney on this question then your current attorney is. I guess it would be a good idea to exclude this period somehow from green card application by applying later or a good lawyer might be able to appeal to some regulations that could resolve it as it was not entirely your fault, since I-94 does not have to match passport validity dates and so it was border patrol officer mistake at first.
