H4 extension denied(Very Very urgent)

R

rsai

Registered Users (C)
Hi

My first H1 visa was valid from Nov 2000 to May 2003. So my company filled my H1 extension in March 2003 but they forgot to file H4 for my wife and son. I received my H1 extension approval in Dec 2003. At that time I came to know that H4 for my wife and son has not been filled by my company so I filled for their H4 in Feb 2004. INS has denied the H4 in Sep 2004. In June 2004 I changed my company and H1 for that company was pending. So I took a help of immigration attorney to file my wife's H4 on the basis of new H1 which was pending with premium processing in Oct 2004. In Nov 2004 INS approved my H1 but they changed the H4 in normal processing. Now after 5 months INS rejected my wife's H4 visa again. Now I am not understanding what to do? I came to know from some of my friends that I can send my wife out of country get the stamping from India and come back to get the new I94 at the port of entry. But I am scarred to do that. Don't know what will happen at port of entry. Can some body help me? I am totaly helpless right now. If somebody will give answer to this, I will really appreciate that.
 
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The responsibility to file for your spouse/children's H4 extensions is YOURS, not your employer's.
What is the I-94 expiration date for your wife?
Talk to a good attorney ASAP. If youe wife's H4 expired for more than 180 days, she may be subject to a 3 year ban once she leaves US. If the expiration is 1 year or older then a ban of 10 year applies.
 
H4 rejected

Hi NKM-oct23

Thanks for answering my query. Expiration date for I-94 is May 2003 which is around 2 years. It actually accumulated because I filed H4 after 9 months then INS rejected after 6 months. We again plead after 1 months. Now INS again rejected after 5 months. 9 + 6 + 1 + 5 = 21 months. I know that it was our responsibility but I didn't know that we have to file a seprate H4 for my wife and son , I thought if my H1 is applied then it will be good for them also. As we don't need a separte H4 when we first time come from our country. Our dependents get the stampping on the basis of H1. Thats why i got confused why we need a separte H4 for them. I am already taking help of attorney(Becasue he only reaplied for H4 when it was rejected first time.) Now it is rejected 2nd time so i don't know what is the option left now. I was thinking that she can go out of country , get the stamping from India and come back in with new stamping. But i am scared what will happen at port of entry. My attorney told me that she will subject to 3-10 years bar but what is the option left now. Reason of denial was not filling H4 before the expiration of first I94.
 
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Contact me

Hello Sai,
I am also in the same situation as you regarding H4 dependant visa. Send me a mail through the forum, my id is 'h4_visa' I will give you more details.

Sri
 
I am in the same boat..please help me

H4_Visa,

Please help me.

My employer forgot to apply H4 extension where I94 was expired on 13th Oct, 2003 and later we came to know that it was mistake by the earlier immigation lawyer of our firm and my company's present attorney filed late extension in June 21,2005 and it was got denied by USCIS, Nebraska on August 19th due to the unacceptable delay in filing( by the way It was NPT) . And now he is ready to file Motion for Reopen asking them to consider the situation why we failed to apply in time( Reason he was showing is bad advise by my firms immigation attorney.)but he mentioned that not fair chances to get approval but we can try. Also advised us to leave US ASAP and go to India and apply for H4 there and try our luck, since he says my grace period of 180 days starts from the date of denial which is Aug, 19th,2005(any thoughts on this????).I'm really scared to do that but there are no option left there. So I checked the availbale appointment dates at Chennai US counsulate , the only date I got is Dec 21st and I started making my travel plans to attend interview on that date.

FYI, I am in my 8th yr of H1B extension and also I am also attending for VISA for mine as well. If you thing you can share any info that will help me, I really appreciate that as well.
 
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