H4 Critical issue

[chin8]

Hi Guru's,

I need your valuable opnion on my wifes' H4 problem, I would highly apprecaite your feedback at the earliest as i have to make a decision ,here is the suitation ,

My wife's h4 & I94 expired in nov 02 i.e. 4 months back , my company applied for my h1 extension in nov 02 , they did not apply for my wife's extension , now i decided to do h1 transfer through premium proccessing due to my employer harrassment , so my question is can i file together my h1 and h4 though premium proccsing so that i can get my wife's h4 visa within her 180 days of expiry of I94 , is legal to file now for her h4 in US ?
my second question is if i don't get h4 visa within within a month then i will ask my wife to go to india and get h4 from consulate, so please advice whether its wise decision to apply now and wait for one month and if we don't get her h4 within a month then go back to india ? Your advice & expirence is really critical for me to take to desion accordingly l

 

[ginnu]

I need your valuable opinion on my wife’s' H4 problem, I would highly appreciate your feedback at the earliest as i have to make a decision, here is the situation,

My wife's h4 & I94 expired in nov 02 i.e. 4 months back, my company applied for my h1 extension in nov 02 , they did not apply for my wife's extension ,
** your wife is out of status if she is here for 6 months out of status she will be subject to 3 years bar and will not get any visa to come to US in 3 years

now I decided to do h1 transfer through premium processing due to my employer harassment , so my question is can I file together my h1 and h4 though premium processing so that I can get my wife's h4 visa within her 180 days of expiry of I94 , is legal to file now for her h4 in US ?
*** If you would have filed her H4 extension when your H1B extension was filed she could have got H4 extension with your H1B, at this point you can go for premium processing as your H1bextension was filed before expiry of your H1b, you can not send your wife H4 extension now for premium processing. One can send H4 when he/she applies for H1b extension through Premium processing and can send his/ her H4 spouse extension with that
No premium processing is allowed for H4 visa if it is sent separate through Form I-539***
my second question is if I don't get h4 visa within a month then I will ask my wife to go to India and get h4 from consulate, so please advice whether its wise decision to apply now and wait for one month and if we don't get her h4 within a month then go back to India? Your advice & experience is really critical for me to take to desion accordingly l
*** She is out of Status and her H4 extension will be denied by BCIS, as they have now zero tolerance policy .she should immediately leave for India and she can get her H4 once you send her your H1b approval notice along with I29 LCA, recent pay stubs and employer letter.
That is my opinion, Jaxen and tt tt will post if I missed anything.

 

[tt tt]

I agree...

Like ginnu said..best option is to ask her to get out of USA..use your H1 approval/LCA?paystubs/marriage-certs to get a new H4 visa asap and then re-enter.

 

[sati8]

Thanks Ginnu and tt tt for your openion and suggestions ,
but let me clear one doubt here , I have decided to apply for H1 Transfer with another company , so i am not doing preimum processing for existing h1 extension but applying for H1 transfer so i thought it would be good to file both h1 & h4 simultaneousy is it right decision to try our luck by applying h4 now and if it dosen't come within one month then go back to india before expiry of 180 days and stamp in india, please suggest us hwo should we go about it

 

[ginnu]

You can apply your H1 but if you send her H4 extension now with your H1 your wife H4 extension is going to be denied as she is out of status now and her I-94 is expired, BCIS is NOT going to approve her H4 extension. These days H1 transfer takes 6 months for the approval, you will get your approval or denial after 5-6 months. Do you want that she should have 3 years bar? Buy a ticket and Send her immediately to India.