Gurus Ginnu Jaxen help please H4 I-539 issue

[kartoos]

My wife’s I-94 is expiring on Feb 05th 2004. My lawyer tried to send I-539 to Nebraska INS office 2 times but they returned it back saying that we have to file in Texas. My H-1 extension was filed in Nebraska and I have it approved till Feb 5th 2005. My lawyer is from Florida but I live in Colorado. Nebraska guys said since my lawyer is from Florida we have to file in Texas center. Does anyone have similar experience?

Also will it be ok if I-539 is sent to Texas whereas my H-1 was extended in Nebraska?

Assuming my lawyer sends the I-539 today and I get a receipt by Feb 5th will my wife be ok or will she be out of status till I-539 is approved. . I am planning to go for Consular Processing so I don’t want any issues with my wife being out of status. Please advice what I should do? Should I book a ticket to India for her so that she can go back get a visa stamping and new I-94 or hope that I-539 will go through fine?

 

[kd1403]

kartoos:

That is pretty unusual! I think your lawyer should include a letter stating that you live in colorado which falls under Nebraska SC jurisdiction and your wife's previous h-4 was also issued from NSC and hence the extension should also be filed with NSC and not TSC. Include a printout of the following link: http://www.immigration.com/frame/nefr.html and highlight the words "petitions from people residing" and "colorado".

As long as you have mailed out the H-4 extension application by 2/4 and you have a fedex/ ups receipt to prove that you should be in good shape. Sooner the better!