H4 and I-94 expired

[srinugp]

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.

 

[vidisha]

Hello Srinivas

I was in the same situation last year as your wife is right now. My husband's company also forgot to file for my H4 extension . And we realised this after my H4 and I-94 were both expired and I was out of status for 74 days. As soon as we came to know about this, we contacted out attorney and filed for my I-539 immediately on the 82nd day and INS approved my I-539 (H4 visa extension) without any questions asked.

As far as your second question is concerned.... the overstay did not cause any problem in my GC process, I got my EAD, AP without any question related to the overstay. My I-485 is yet to be approved so dont know abt that. But otherwise i had to face no problem.

Hope this helps.

Vidisha

 

[srinugp]

Hi Vidisha,

Thank you very much for the quick response. Can you mail me the attorney's contact details to get my wife's visa processing done, my email address is spulavarthi@yahoo.com b'coz i contacted couple of attorneys nobody is able to give me any convincing answer about getting my wife's visa extension done in US without leaving the country.

Thank you once again,
Srinivas.

Hello Srinivas

I was in the same situation last year as your wife is right now. My husband's company also forgot to file for my H4 extension . And we realised this after my H4 and I-94 were both expired and I was out of status for 74 days. As soon as we came to know about this, we contacted out attorney and filed for my I-539 immediately on the 82nd day and INS approved my I-539 (H4 visa extension) without any questions asked.

As far as your second question is concerned.... the overstay did not cause any problem in my GC process, I got my EAD, AP without any question related to the overstay. My I-485 is yet to be approved so dont know abt that. But otherwise i had to face no problem.

Hope this helps.

Vidisha