H4 Visa Out of status - Urgent Help

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panchumarthi120

New Member
Hi,
My wife H4 visa got expired in Aug' 2008. We're not known that H4 visa extention has to be filed. She went to India in June20th 2009. So she was here in US out of status for almost 10months.

She got her H1 approved in october 2008. But she has not taken the approval as of date and not applied for the SSN as well till date. Because she was a pregnant.

Now i filed for my H1 transfer.
So now she is planning to attend for H4 stamping in india.

Could you please list all the possibilities and what i need to do now to get her stamping done.

Thanks
 
panchumarthi120 said:
Hi,
My wife H4 visa got expired in Aug' 2008. We're not known that H4 visa extention has to be filed. She went to India in June20th 2009. So she was here in US out of status for almost 10months.
------------------------You need to see a good Lawyer as she stayed illegally for 10 months in US.
She got her H1 approved in october 2008.
----------------------was that filed as H4 to H1 Change of status by lawyer or employer before her I-94(H4based) expired? did she got her H1 approval notice with new I-94 attached?
But she has not taken the approval as of date and not applied for the SSN as well till date. Because she was a pregnant.

Now i filed for my H1 transfer.
So now she is planning to attend for H4 stamping in india.

Could you please list all the possibilities and what i need to do now to get her stamping done.

Thanks
Click to expand...

---------------------
 
Yes, it was filed H4 to H1 before her I-94 expired.
We have not seen H1 approcal yet, so don't know if her H1 has with new I-94 attached?

Is there a possibility of her stamping done, if i consult a good lawyer.

Please let me know?

Thanks,
Krishna.
 
panchumarthi120 said:
Yes, it was filed H4 to H1 before her I-94 expired.
We have not seen H1 approcal yet, so don't know if her H1 has with new I-94 attached?

Is there a possibility of her stamping done, if i consult a good lawyer.

Please let me know?

Thanks,
Krishna.
Click to expand...

if her H4 to H1 Change of status was filed before her H4 based I-94 expired and her H1 was approved with I-94 attached then she may be in better situation.
Talk to lawyer and also try to find from Employer if her H1 was approved with I-94. if her H1 was approved then she may be out of status but not illegal stay. update us what your lawyer says and go to good lawyer with her all details.
 
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