H4 Expired 2 Years Ago; Just Found Out That Extension Had To Be Filed. HELP!

[cheetah777]

Hi Guys,

The scenario is pretty much common. My company hired the lawyer firm to extend my H1B status. They didn't let me know that my wife's H4 status needs the extension as well and I always assumed that her H4 status is valid as long as my H1B status is valid. So my H1B status got extended till February, 2007. My wife's H4 status got expired on May 2004. She is out of status for more than 2 years now and I discovered this just now :-(

Another thing is that we have two 2-years old daughters that were born in US. My company applied for greencard and I'm in the midle of Labor Certification process (ETA750AB). My 6-years H1B status expires soon so my company applied for 1 year extension which is in process right now.

I'm going to consult with good immigration lawyer next week so I'll see what the options are.

I saw that my situation is not unique, a lot of H1B holders got in the same problem. I'm wondering if somebody can share their experience. I can't afford my wife to be banned for 10 years and my children to be raised in my home country.

I wish I could read this forum when my H1B extension was in process so I wouldn't do such mistake. Hope my post will help somebody not to make such mistake as well.

Thanks
Cheetah

 

[sunilmiriyala]

Follow up on ur H4 extension..

Hey
I am Sunil. I did the same mistake, however the expired date is 7 months. Got expired in 13May2006. I applied for extension as per my lawyer. I wanted to see your result?

Whats the result?
Whats the process have you followed?
How about the letter (affidavit-apologize) you composed for filing I-539.
Did you guys file G-28? A motion thru ur lawyer.
Any queries from INS?

I did thru premium processing on 21Dec2006. Waiting for result. I wanted to see, what else work have you done in this process. I wanted to make sure I am not missing any more.

Kindly share.

Thanks
Sunil.

 

[ginnu]

Hi Guys,

The scenario is pretty much common. My company hired the lawyer firm to extend my H1B status. They didn't let me know that my wife's H4 status needs the extension as well and I always assumed that her H4 status is valid as long as my H1B status is valid.

-------------that is YOUR mistake you need to inform them that you want to file your wife H4 extension.

So my H1B status got extended till February, 2007. My wife's H4 status got expired on May 2004. She is out of status for more than 2 years now and I discovered this just now :-(

Another thing is that we have two 2-years old daughters that were born in US. My company applied for greencard and I'm in the midle of Labor Certification process (ETA750AB). My 6-years H1B status expires soon so my company applied for 1 year extension which is in process right now.

I'm going to consult with good immigration lawyer next week so I'll see what the options are.

I saw that my situation is not unique, a lot of H1B holders got in the same problem. I'm wondering if somebody can share their experience. I can't afford my wife to be banned for 10 years and my children to be raised in my home country.

I wish I could read this forum when my H1B extension was in process so I wouldn't do such mistake. Hope my post will help somebody not to make such mistake as well.
------------------talk to good lawyer lawyer
Thanks
Cheetah