H4 and I-94 expired

S

srinugp

Registered Users (C)
Hi All,

I'm working on H1 and changed from employer A to
employer B last year november and my new employer B
has filed for my H1 transfer on 10/13/2003

i had valid visa and i-94 from employer A till
02/25/2004. My wife joined me last year august on h4
and her H4 visa and i-94 are valid till 02/25/2004.

My new employer B didn't file for my wife's visa
renewal and i'm not aware of form I-539 to be applied
for my wife's visa extension, we were waiting for my
visa approval notice inorder to send her passport too
for stamping as we do it in India.
I got my new H1 approved from employer B in May 2004, But later i learned that she is out of stauts from 02/25/2004 till date which is more than 3 months.

my questions are

1. what are best options for my wife's visa renewal
and to get new i-94, visa stamping without leaving the country ?

2. how over staying will impact my wife's future visa
renewals and green card processing ?

If anyone out there was in similar kind of situation and got visa extension done, please suggest me what to do.

Please respond back as soon as possible its very urgent, my email address is spulavarthi@yahoo.com

Thank you very much,
Srinivas Pulavarthi.
 
srinugp said:
Hi All,

I'm working on H1 and changed from employer A to
employer B last year november and my new employer B
has filed for my H1 transfer on 10/13/2003

i had valid visa and i-94 from employer A till
02/25/2004. My wife joined me last year august on h4
and her H4 visa and i-94 are valid till 02/25/2004.

My new employer B didn't file for my wife's visa
renewal and i'm not aware of form I-539 to be applied
for my wife's visa extension, we were waiting for my
visa approval notice inorder to send her passport too
for stamping as we do it in India.
I got my new H1 approved from employer B in May 2004, But later i learned that she is out of stauts from 02/25/2004 till date which is more than 3 months.

my questions are

1. what are best options for my wife's visa renewal
and to get new i-94, visa stamping without leaving the country ?

2. how over staying will impact my wife's future visa
renewals and green card processing ?

If anyone out there was in similar kind of situation and got visa extension done, please suggest me what to do.

Please respond back as soon as possible its very urgent, my email address is spulavarthi@yahoo.com

Thank you very much,
Srinivas Pulavarthi.
Click to expand...

Apply for H4 extension right away. Once extension is approved apply for visa revalidation in the US. Other option to get a visa is to apply at a US consulate in Canada/Mexico/your country.
It is your responsibility, not your employers, to file for your dependent's visa extension.
 
Hi nkm,

I would like to know do i need to apply for H4 extension through an attorney or can i apply directly using i-539 form. Because is out status and i need to give BCIS a good explaination/reason for the delay in applying for extension and i think if i apply for extension without additional documents for the delay they will send RFE reason for the delay. But, i don't know what supporting documents to be used to explain the reason for delay, if you or anyone knows the procedure for these kind of cases please let me know.

Thank you,
Srini.

nkm-oct23 said:
Apply for H4 extension right away. Once extension is approved apply for visa revalidation in the US. Other option to get a visa is to apply at a US consulate in Canada/Mexico/your country.
It is your responsibility, not your employers, to file for your dependent's visa extension.
Click to expand...
 
srinugp said:
Hi nkm,

I would like to know do i need to apply for H4 extension through an attorney or can i apply directly using i-539 form. Because is out status and i need to give BCIS a good explaination/reason for the delay in applying for extension and i think if i apply for extension without additional documents for the delay they will send RFE reason for the delay. But, i don't know what supporting documents to be used to explain the reason for delay, if you or anyone knows the procedure for these kind of cases please let me know.

Thank you,
Srini.
Click to expand...

Use a lawyer since you have out of status issues.
 
srinugp said:
Hi All,

I'm working on H1 and changed from employer A to
employer B last year november and my new employer B
has filed for my H1 transfer on 10/13/2003

i had valid visa and i-94 from employer A till
02/25/2004. My wife joined me last year august on h4
and her H4 visa and i-94 are valid till 02/25/2004.

My new employer B didn't file for my wife's visa
renewal and i'm not aware of form I-539 to be applied
for my wife's visa extension, we were waiting for my
visa approval notice inorder to send her passport too
for stamping as we do it in India.
I got my new H1 approved from employer B in May 2004, But later i learned that she is out of stauts from 02/25/2004 till date which is more than 3 months.
------ she is staying illegaly in US from the day her I-94 expired
my questions are

1. what are best options for my wife's visa renewal
and to get new i-94, visa stamping without leaving the country ?
------I dont think USCIS will approve her H4 extension and remember at this time she alredy hit about 3 months being out of status and staying illegaly in US and if you apply now for H4 extension and is rejected by USCIS then she will be staying in US illegaly more than 6 months and 3/10 year bar will start better send her out of US ASAP and let her get H4 from consulate in your home country based on your H 1 approval notice.
2. how over staying will impact my wife's future visa
renewals and green card processing ?
----- if she stays illegaly in US more than 6 months 3 year bar and she cant file I-485, she needs to be on valid status to file last stage of GC(I-485) in US
If anyone out there was in similar kind of situation and got visa extension done, please suggest me what to do.
----- send her out of US ASAP and let her get H4 VISA and then enter on H4 status

Please respond back as soon as possible its very urgent, my email address is spulavarthi@yahoo.com

Thank you very much,
Srinivas Pulavarthi.
Click to expand...
 
One of my friend's L1 was expired during March and Our company attorney applied for the L extn. They got approval notice without the I 94.

Attorney asked him to leave the country and get the stamping in india. She mentioned 120 days is OK in his case, I don't know. Is that mean he is/was out of status from March... Hope he will get the new I 94 for the duplication request they made with INS???!>.....

as srinugp said, the best option is get out this country and get the stamping in India for both these case.....

Good luck.. the visa/extn/revalidation sucks every one... it is really pain and tension always...
 
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