Advice Me , Please !

R

Raj2010

Registered Users (C)
Hi,

I have H1B visa extension until 2004 . But mine and my wife's PP visa and I-94 expired in Feb,2003. She left to India last month end.

Now iam planning to get H4 visa extension for my wife .

My question is , Can I send her all the documents for renewal of H4 visa of my wife, without getting my visa renewal in my PP ?

Please advice !

Thanks !
 
ginnu thanks again..!

I got the extension of my H1b before i got married. So my question is, whether i have to get separate extension for my wife also who is in H4 visa ?

I have read in some of the threads about, H4 visa whose i-94 got expired (like for my wife) must leave, before 180 days ?

[ Actually her i-94 expired on March,2003 not on feb.2003]

Please advice !

Thanks !
 
If your wife is in India then she can get H4 stamped in India, if she is still in US with expired I-94 then she is out of status and her stay is illegal in US. Extension can only be filed if the person is in US, if your wife is in US and I-94 expired in March 2003, BCIS will not extend her H4 status she should depart US immediately and get visa at US consulate in home country and if her stay in US hits 180 days after I-94 expiry date then 3/10 year bar starts she will not get the Visa or extension
 
Hello Ginnu,
I have a question:
I changed my wife H1B to H4 after marriage. But her old I-94 got expired(H1B) after 1 yr. We did not send for revalidation but she always had H4 with valid dates, ofcourse she never left USA after that. Is that going to be a issue?

Now I sent my passport and her passport in JUL 1st week for visa revalidation. Her I-94 shows it got expired in 2001 dec I guess.
Mine expiration date is 31-JUL-03

Note: She always had valid h1 or H4 in any given point of time

Please let me know whether they stamp her passport with visa or tell her to leave the country to India for stamping
 
Hello Ginnu,
I have a question:
I changed my wife H1B to H4 after marriage.
------- It means she was on H1b and she filed I-539 change of status and got H4 approval with new I-94 attached till the date of your H1b visa or Approval notice

But her old I-94 got expired (H1B) after 1 yr.
--- if you are saying that the I-94 that was issued to her based on H1B was expired then no problem because she got new I-94 based on H4 status
We did not send for revalidation but she always had H4 with valid dates, of course she never left USA after that. Is that going to be a issue?
---- If she filed change of status from H1B to H4 and her I-94 that came with H4 approval notice then she is in valid H4 status, what kind of issue you are discussing?
Now I sent my passport and her passport in JUL 1st week for visa revalidation. Her I-94 shows it got expired in 2001 dec I guess.
-------------- Some info is missing in your wife case, your wife should have I-94 valid till your H1B, as you wrote below that your I-94 is valid till 31-JUL-03, she should have I-94 that came with H4 approval till your I-94 date as her H4 is based on your H1B and she should have I-94 till that date. Why she does not have I-94 valid till that date?
Mine expiration date is 31-JUL-03

Note: She always had valid h1 or H4 in any given point of time
-------------- you wrote above that her I-94 expired in 2001 December, that confuses me, you are missing some info or I am unable to read between the lines?


**** You should have written clearly with the sequence of events:
My wife was on H1B status with valid I-94 till XYZ date and filed change of status to H4 in XYZ month/year and her H4 was approved on date…. And she got H4 approval valid till….. and got newI-94 valid tilll… attached with H4 approval and she has two I-94 with her one that was based on H1B that was valid till… and other I-94 based on H4 change of status valid till…..
Questions:
 
Thanks Ginnu!! Sorry to confuse you. You are right.

She has I94(H4) valid till 31 Jul-03.

Only thing is, she did not send her pasport to revalidate. Its been 2 yrs the previous revalidate visa got expired.
At that time one stupid attorney suggested me: Since she is changing status from H1b to H4 has to go out of country for visa revalidation(change of status). But thats not true since H1 and H4 falls under same H family. It took time to understand.

The current attorney cleared that doubt.

Anyway I sent both passports and waiting to see what happens.

I sent my passport on 1st Jul. Since then I did not get any reply from them. So expecting to be fine. :)

Any ideas?
 
She has I-94 (H4) valid till 31 Jul-03.
------------- She is staying illegal if her I-94 is valid till July 31,2003, she should have valid I-94, it means she is staying with expired I-94, it is September 17,2004 her I-94 expired in July, 2003
Only thing is, she did not send her passport to revalidate. Its been 2 yrs the previous revalidate visa got expired.
At that time one stupid attorney suggested me: Since she is changing status from H1b to H4 has to go out of country for visa revalidation (change of status). But thats not true since H1 and H4 falls under same H family. It took time to understand.

The current attorney cleared that doubt.

Anyway I sent both passports and waiting to see what happens.

I sent my passport on 1st Jul. Since then I did not get any reply from them. So expecting to be fine.

Any ideas?
 
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