H1B extension

R

razna

Registered Users (C)
Hi All...Need your help/advise...Here is my situation..I'm on a H1B visa and my wife is here on H4

1. My H1B and my wife's H4 expired on Oct 2nd 2003.
2. I-94 expired on Oct 2003.
2. Applied for both extensions in May 2003.
3. Lawyer some how managed to mess up applications and send my extension to Vermont and wife's extension to Nebraska

Its been close to 9 months now, now news yet! Didn't wan't to go for premium processing as was not in a hurry and hoped it would come in 6 months.

Now here is my question :
My wife may need to travel to India immediately because of her father's health condition. What are my options here? Can she travel without the extension being aprroved? I know she cannot come back until I send her the extended H1B approval and she would have to get new H4 stamping.
Here is what I was planning to do :
1. Apply for premium processing immediately.
2. If she needs to travel before extension being approved, I'll send her the H1B approval notice and she can get new H4 stamped when she is ready to return.

But my concern is:
1. Do I have to apply for 2 separate premium processings(H1B and H4) as both are at different centers?
2. On exit she would need to hand over her expired I-94, would that create a problem on her return?

Please advise !!!

Thanks !!!
 
I'm almost in the same boat as you except for our applications have gone to the same centre but as two different applications.

I am not sure about the questions you asked but I think that if she leaves the country before approval, it may be taken as abandonment of application. Again , this is something i'd read somewhere - not sure whether its correct - best thing - contact a lawyer.
 
Dilbert, razna has already understood the abandonment situation , since he is talking about getting h4 in US consulate.

Razna, Your contingency plan seems right.
1. H4 are not eligible for premium processing. So you dont have a choice.
2.Expired I94 is not a problem. Ask her to carry the original H4 receipt notice (show only copies though to airlines/immigration). Some airlines might insist on a transit visa.

I am surprised that you did not opt for a premium processing as soon as your lawyer messed up.
 
Thanks jaxen2 for your reply !
Got both my application approved!! Mine was approved 26th Feb and wife's was 9th March !! But the sad part..its approved only till Nov 2004 so in another 3 months I have to perform this whole circus again !!! :-) ... This would be my 7th year extension !!!
 
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