H4 Status -- Need Help

J

jdk98

Registered Users (C)
I have one question on H4 status. I came to US on H1B on OCT1999 through comapany A and my wife came to US on H4VISA on APR2000 with company A petition and VISA expire date 05FEB2001.

I got another H1B petition approved on JAN2000 through company B. But I didn't join company B until JUN2000.

Once I was working with company B, I asked my wife status (H4). They didn't apply any H4 petition for my wife, they did only VISA stamping on her passport using my petition (Sent to Department). My H1B petition was with company B from JAN2000 to 30JUL2002. Stamping issue date from 19DEC2000 to 30JUL2002. (Company B)
I thought that she was in valid status. Because stamping was done on her passport.

I changed lot of companies and applied H4 petitions along with me. I never got any H4 query or reject or no approval for any petition. I had all approved H1's and H4's. For H4 petitions, I had all after JUL2002.

Now I am ready to file I485. In mean time I never out of status and we never gone out of USA.

My question is:

1. Is my wife still valid in status from 06FEB2001 to 30JUL2002?
My attorney told me she needs H4 petition from 06FEB2001 to 30JUL2002 even though she had VISA stamping on her passport (from 19DEC2000 to 30JUL2002). Only first entry to USA no need H4 petition after that (once landed in US) she need valid H4 petitions. Because she never gone out from USA so she needs valid H4 petition from these dates (06FEB2001 to 30JUL2002)

2.If it is needed, Is any way to get H4 approvals back dated on those dates? (19DEC2000 to 30JUL2002)

3. If she was out of status on those dates what is the effect on her GC Process(as dependent)? Right now she has valid H4 status until 2009.

4. Is any way to come out of this hell?

Please some one help..
 
jdk98 said:
I have one question on H4 status. I came to US on H1B on OCT1999 through comapany A and my wife came to US on H4VISA on APR2000 with company A petition and VISA expire date 05FEB2001.

I got another H1B petition approved on JAN2000 through company B. But I didn't join company B until JUN2000.

Once I was working with company B, I asked my wife status (H4). They didn't apply any H4 petition for my wife, they did only VISA stamping on her passport using my petition (Sent to Department). My H1B petition was with company B from JAN2000 to 30JUL2002. Stamping issue date from 19DEC2000 to 30JUL2002. (Company B)
I thought that she was in valid status. Because stamping was done on her passport.

I changed lot of companies and applied H4 petitions along with me. I never got any H4 query or reject or no approval for any petition. I had all approved H1's and H4's. For H4 petitions, I had all after JUL2002.

Now I am ready to file I485. In mean time I never out of status and we never gone out of USA.

My question is:

1. Is my wife still valid in status from 06FEB2001 to 30JUL2002?
My attorney told me she needs H4 petition from 06FEB2001 to 30JUL2002 even though she had VISA stamping on her passport (from 19DEC2000 to 30JUL2002). Only first entry to USA no need H4 petition after that (once landed in US) she need valid H4 petitions. Because she never gone out from USA so she needs valid H4 petition from these dates (06FEB2001 to 30JUL2002)

Your lawyer is right .. But I guess if she have valid I 94 for those time periods (06FEB2001 to 30JUL2002).. then I guess she is on valid status.. No need to have all the times H4 approvals. I 94 will also proves status.

2.If it is needed, Is any way to get H4 approvals back dated on those dates? (19DEC2000 to 30JUL2002)

3. If she was out of status on those dates what is the effect on her GC Process(as dependent)? Right now she has valid H4 status until 2009.

4. Is any way to come out of this hell?

Please some one help..
Click to expand...




I changed lot of companies and applied H4 petitions along with me. I never got any H4 query or reject or no approval for any petition. I had all approved H1's and H4's. For H4 petitions, I had all after JUL2002.
 
jkss12 said:
Your lawyer is right .. But I guess if she have valid I 94 for those time periods (06FEB2001 to 30JUL2002).. then I guess she is on valid status.. No need to have all the times H4 approvals. I 94 will also proves status.
Click to expand...

No, first H4 petition (from 30JUL2002) INS carry forward her I-94 (first landed I-94 card and written expire date 05FEB2001) to all extended H4 petitions. Now she has valid H4 petition until 2009.

That means no valid status on those dates...??

thanks,
jdk98
 
Remember when it comes to counting illegal stay in USA....they count the period of illegal stay - from the last time you entered US..., before the filing of your I485 ......

So, if one stayed illegally between 2001 and 2002 and then went back to Ind (let's say)....and came back to US in 2003.....the period of illegal stay before 2003 is never considered.....only the time of illegal stay after 2003, from last time of entry into USA is considered....and a law called 245(K) allows upto 180 days of ilegal stay without any penalties....

In your case, going back to India and getting restamped....in a way resets the status violation to zero....So, I guess, you wife has always been in legal status....

In fact, lot of people do the same thing, if you forget to renew H4...they just go to India and get re-stamped with new H1B and come back...
 
Hi,

She never gone out of USA. She was revalidated her visa here through state department (USA). I think she is in valid status right? Is it true???

Thanks,

banta4gc said:
Remember when it comes to counting illegal stay in USA....they count the period of illegal stay - from the last time you entered US..., before the filing of your I485 ......

So, if one stayed illegally between 2001 and 2002 and then went back to Ind (let's say)....and came back to US in 2003.....the period of illegal stay before 2003 is never considered.....only the time of illegal stay after 2003, from last time of entry into USA is considered....and a law called 245(K) allows upto 180 days of ilegal stay without any penalties....

In your case, going back to India and getting restamped....in a way resets the status violation to zero....So, I guess, you wife has always been in legal status....

In fact, lot of people do the same thing, if you forget to renew H4...they just go to India and get re-stamped with new H1B and come back...
Click to expand...
 
I am in the same situation. It is not true that past overstays are nullified once you renter US with new visa stamp.

Whether in US or outside, while adjudicating 485, they see whether the person has maintained valid non-immigrant status in the past.

Upto 180 days of overstay can be covered under 245(k). If it exceeds 180 days, we are subject to 3 year ban and overstay of more than 1 year leads to 10 year ban.

However, sometimes, dependant cases go unnoticed if they are in status while applying 485. Purely, a matter of luck.

Good luck
 
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