Deep trouble , Please help (H1 & H4 extension issue)

[sati8]

Hi Guys,

I am in real trouble now, can anybody be kind enough to reduce my head burden by ansering to my queries

1) my visa and I94 expired in nov2002, my employer said that he filed for extension through lawyer, but when i asked him about the status he is saying that he owes some money to lawyer and hence layer is not giving the papers, so know he is suggesting me that he will apply directly for visa renewal. My question is can we apply again i.e twice for visa renewal ??with INS and if the anser is yes then how long will it take for premium processing ?

2) second question is regarding my spouce visa status , as he visa has expired (H4) in nov2002 , we came to now few days that she is out of status at present , so my question is how long she can stay in US after her I94 and visa expiry, and secondly we thought that if we send her papers India instead of personally going to india and file for H4 extension through drop box , so the US embassy verifies whether the applicant has arrivied in india or not , or will they confesticate the password if they found out the applicant has not endorsement in password for arrival in india,

Please i would highly appreicate if somebody can answer my questions and reduce my tension

 

[jaxen]

1. Yes you can apply for visa renewals , more than 1 time. Premium processing takes about 10-15 days max. But the problem is that, it is nearly 3 months, and so INS can generate a RFE and so delay the process. INS can also approve the visa without I94 and you have to travel out of US to get the I94. Worse, they can reject the H1 visa. You need proof that a H1 renewal was applied before Nov 2002. Your employer might also be penalized for paying you without doing the H1.

2. You can apply for H4 along with H1. It is not advisable to risk getting H4 using drop off box when she is not there. I think It is illegal.