About my H4

[sapna]

My H4 status has been expired on Nov 5th, 2001. we mailed application for extention on Nov 7th, 2001.
Looks like INS people opened this mail on Nov 28th, 2001 and the date on the receipt is Nov 28th,
2001. Then the status has been deliverd from INS on Feb 20th, 2002. we got the following message
from INS: "This notice is in reference to the form I-539, Application to Extend/Change Nonimmigrant
Status, filled on November 28, 2001. When an applicant is no longer is status, the application for
extention of stay may not be approved. 8 C.F.R. 214.1(c)(4) states in pertinent part, Timely filing
and maintenance of status. A extention of stay may not be approved for an alien who failed to maintain
the previously accorded status or where such status expired before the application or petition was filed..
The service has reviewed the application and the supporting documentation, and found that the applicant\'s
authorized stay expired on November05, 2001, prior to filing the application that was received on
November 28, 2001. The record does not indicate that the applicant submitted a justifiable reason
explaining the reason for the delay. The applicant hsa failed to maintain nonimmigrant statu.
Accordingly, the application is denied." So we have following questions for you.
(i) Can I fix this problem by staying here in USA?
(ii) Do I need to go to India for stamping? or Can I go anywhere else? If I go out of country
      then - is there any chance to ask me about illegal status or rejection of H4? or Can I face any
      other sort of problems?
(iii) At port of entry Can I get I-94 smoothly or is there any chance that I can get rejected?

 

[prathyusha]

H4 Status

Hi Sapna,

  I am almost in the same phase as you were. I cannot give answer to you. But if you could help me out I appreciate it.

  I am in US and I need to extend my H4 status. Should I get a H4 Visa through an attorney and then apply for stamping in my passport or I can apply for an extension along with my sponsor\'s new H1 which would expire next year.

  thanks in advance.

 

[sapna]

No Title

As i said before you have to apply for extension with your att and then after getting the new i-94 you can send your passport for stamping.

 

[Debasis Chakrabarti]

No Title

It seems you are out of status from the date your I-94 expired ie. 11/5/2001. That makes it roughly 145 days at the end of March. The way you are going; without taking attorney help; it seems you are keen to invite the 5 year bar on entry (which sets in if you hit 180 days). It would do no harm if you talk to an expert (not in this amateur forum) and plan to leave the country before it is too late.