I was employed by Company A and I got my H1 & wife's H4 stamped in 2007 (H1 and I-94 valid until Sep/2010 for both) in INDIA. Got laid off and the H1 was revoked in Apr/2009. Got a new offer and new H1 again from same company A in Jun/2009 and will start work in end of Jun/2009. But while applying for my new H1, attorney forgot to file for my wife's H4 extension. Now he asked her to leave the country ASAP, before she passes the 180 days (180 day period ends in Oct/2010). Wife was planning to travel with the 3 month old baby (who is a US citizen now) in July/2009 with the new extension of stay. Now, since my wife is out of status on the mistake done by the attorney and here are my questions:
Q1. Should she leave ASAP or can she still go in July/2009 as planned?
Q2. Since I am joining back to the company, I will not be able to get vacation for atleast the next 6 months. Can she go by herself?
Q3. She needs to take my new I-797 and get her H4 visa stamped again. Is there any added advantage of going back to home country for stamping versus neighbouring country like CANADA?
Q4. When is the best time to go for stamping - immediately (with no new pay stubs) or after 3 months (with 2-3 pay stubs) or after 6 months (with about 12 pay stubs)?
Q5. Is there a chance to get rejected based on the fact that I do not have a stamping in my passport for the new H1B and she goes prior to me?
Q6. Is there a chance to get rejected based on the fact that she has gone out of status and failed to apply for extension?
Q7. Can she still apply for extension of stay (current approval time about 4 months) and continue her stay on the fact that she has a receipt?
Q8. Is there a premium processing for extension of stay (I-539) for H4?
Thanks!
Q1. Should she leave ASAP or can she still go in July/2009 as planned?
Q2. Since I am joining back to the company, I will not be able to get vacation for atleast the next 6 months. Can she go by herself?
Q3. She needs to take my new I-797 and get her H4 visa stamped again. Is there any added advantage of going back to home country for stamping versus neighbouring country like CANADA?
Q4. When is the best time to go for stamping - immediately (with no new pay stubs) or after 3 months (with 2-3 pay stubs) or after 6 months (with about 12 pay stubs)?
Q5. Is there a chance to get rejected based on the fact that I do not have a stamping in my passport for the new H1B and she goes prior to me?
Q6. Is there a chance to get rejected based on the fact that she has gone out of status and failed to apply for extension?
Q7. Can she still apply for extension of stay (current approval time about 4 months) and continue her stay on the fact that she has a receipt?
Q8. Is there a premium processing for extension of stay (I-539) for H4?
Thanks!