H4 holder I-94 expired Please help

kather_i

Registered Users (C)
I did not know that I need to separately apply for the H4 extensions of stay. My wife came to US, with my old company - Acompany’s visa stamping. The VISA stamping and I-94 card are expired on Sep 30, 2005 (I-94 expired on 09/30/2005).

Right now both of our passports have only Acompany's VISA stamping on it and expired I-94 cards. Also my passport expired on Nov23, 2005 and got a new passport from New York Indian Embassy.

Now I am with Bcompany and its I-797form with attached I-94 is valid until 08/02/2006). At the time of H1 filing, I did not include my wife name because I was a bachelor. I went to India and got married and we both came to US in the same old Acompany’s visa. I was told the new I-94 attached in !-797 will take care of our status, but now I found that it is good only for me and not for my wife, because at the time of filing I did not include my wife name. Now my company lawyer says my wife is out of status for 5 months and she should leave the country within 180 days. Also our attorney asked us to apply for I-539 as an extensions of stay for my wife and we did e-filing of !-539 on 02/23/2005. Please help me what to do in my situation.

a) Is it better for her to wait until this I-539 approval and go to India or
b) Better leave USA before (03/30/2006) 180 days by handover the same
expired (09/30/2005) I-94 card?
c) Will there be any consequences for her when we go for stamping in
India or when we need to apply for H1-B 7th year extension or when we
apply for GC.
Please suggest some better way of avoiding any consequences.
 
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kather_i said:
I did not know that I need to separately apply for the H4 extensions of stay. My wife came to US, with my old company - Acompany’s visa stamping. The VISA stamping and I-94 card are expired on Sep 30, 2005 (I-94 expired on 09/30/2005).

Right now both of our passports have only Acompany's VISA stamping on it and expired I-94 cards. Also my passport expired on Nov23, 2005 and got a new passport from New York Indian Embassy.

Now I am with Bcompany and its I-797form with attached I-94 is valid until 08/02/2006). At the time of H1 filing, I did not include my wife name because I was a bachelor. I went to India and got married and we both came to US in the same old Acompany’s visa. I was told the new I-94 attached in !-797 will take care of our status, but now I found that it is good only for me and not for my wife, because at the time of filing I did not include my wife name. Now my company lawyer says my wife is out of status for 5 months and she should leave the country within 180 days. Also our attorney asked us to apply for I-539 as an extensions of stay for my wife and we did e-filing of !-539 on 02/23/2005. Please help me what to do in my situation.

a) Is it better for her to wait until this I-539 approval and go to India or
b) Better leave USA before (03/30/2006) 180 days by handover the same
expired (09/30/2005) I-94 card?
c) Will there be any consequences for her when we go for stamping in
India or when we need to apply for H1-B 7th year extension or when we
apply for GC.
Please suggest some better way of avoiding any consequences.
 
Follow up on the result

Hey
I read your post in the forum. I wanted to see whats the update. I am under the same case. H4 expired and its more than 180 days. Now realized and applied for Extension in 7th month. I wanted to see whats the success rate and whats the procedure have you or ur lawyer followed to get back the H4 status and extension.
Looking forward to hear success story with some details about the process followed and excuse included in the affidavit mail with extension.

Thanks
 
Last edited by a moderator:
Hey
I read your post in the forum. I wanted to see whats the update. I am under the same case. H4 expired and its more than 180 days. Now realized and applied for Extension in 7th month. I wanted to see whats the success rate and whats the procedure have you or ur lawyer followed to get back the H4 status and extension.
Looking forward to hear success story with some details about the process followed and excuse included in the affidavit mail with extension.

Thanks

Hello, If it is more than 180 days, I hope you would have consulted some really good lawyer and also do not send your spouse out of the US. You certainly need a good lawyer and above all our Almighty Grace!!!
 
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