H4 extension filed after the I-94 is expired - Plz Help!!!

debaray

New Member
Last week,I received my H1-B approval, extending it for the 7th year. However my company failed to file my wife's H4 along with my H1-B. After knowing this we filed her H4 on 4th Dec-2006. Her original H4 expired on 10-Oct-2006. So she was out of status for 54 days. I am also undergoing Green Card approval process and I am at labor petition stage right now. My questions is

1. Will there be any problem in her H4 approval now or going forward in final
Green Card approval knowing that she was out of status for 54 days ?

2. Should she leave US immediately?
 
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debaray said:
Last week,I received my H1-B approval, extending it for the 7th year. However my company failed to file my wife's H4 along with my H1-B.
--------------did you inform the employer/lawyer to file her H4 extension with your H1 ? she needed to send I-539 signed by herbefore the expiry of her I-94
After knowing this we filed her H4 on 4th Dec-2006. Her original H4 expired on 10-Oct-2006.
So she was out of status for 54 days.

I am also undergoing Green Card approval process and I am at labor petition stage right now. My questions is

1. Will there be any problem in her H4 approval now or going forward in final
Green Card approval knowing that she was out of status for 54 days ?

2. Should she leave US immediately?
------------better she should go out ASAP then get H4 visa stamp and enter. if you wait for her H4 extension approval and that gets rejected she may hit 180 days of illegal stay and then 3-10 bar will start
 
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