I-94 Issue

[Jay Kumar]

This question is in behalf of my friend who is facing the following issue.
He is in H1 and his family (wife and child) in H4. They recently renewed their visas but not the child\'s, as the child\'s was suprisingly valid for more duration that the H1. Later they found out that thought the child\'s VISA is valid for a longer duration, the I-94 date is same as theirs. So, the child\'s I-94 recently expired as they failed to renew the child\'s VISA along with theirs. What are the complications? Should they travel out and re-enter and get a new H4? Or is it ok to apply now?
Thanks and Advance.

 

[Jim Mills]

Jay

The child is out of status. It is possible to apply for a "nunc pro tunc" (now for then) approval but they would probably be advised to retain an attorney to handle that. Whether they can leave and reenter depends on when the I-94 expired.

Jim

James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
jdmills@justice.com

 

[Forum_user]

H4\'s I-94 Expired

Hi,

H1 has a valid visa and valid I-94.But H4\'s I-94 is expired on oct2001.
Now H4 is over stayed and we came to know when we are in a process of applying H1 extension.

How can we get a I-94 for H4?Also if H4 re-enter the country are there any problems.

Please let me know how to resolve this issue.

Thanks