Applied for H4 4-month after it expired

S

san_1007

New Member
Hi
I have a question regarding my wife's H4 extension. My employer didn't file my wife's H4 Extension when they file my H1B. Her previous H4 expired on April 14,2006. Now I requested my employer to file the H4 and they filed on Aug 22 2006. Now what is the legal implication we have regarding this?

Any help is appreciated
Thanks
 
san_1007 said:
Hi
I have a question regarding my wife's H4 extension. My employer didn't file my wife's H4 Extension when they file my H1B. Her previous H4 expired on April 14,2006. Now I requested my employer to file the H4 and they filed on Aug 22 2006. Now what is the legal implication we have regarding this?

Any help is appreciated
Thanks
Click to expand...
There is a chance that extension may be denied. Extension must be filed timely which means before status gets expired.
 
The responsibility to file for your spouse/children's H4 extensions is YOURS, not your employer's. Extension must be filed timely which means before status gets expires.Talk to a good attorney ASAP. The extension may be denied.
 
One month is not bad. They should come back with a query to prove there was no intention to violate the status. You need to give the honest response why you forgot to file her case with documents that prove that you two are still together. You may have to notarize your letter.
Your wife can also prepare a letter with honest reasons.
 
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