H4 extension??Out of status!!!

[Kavi123]

I am in a really tight situation...really confused!!

My husband is on H1-b and i am on H4 status. Our visas and I94 expired on Feb28,2003. My husbands company applied for h1b extension during dec2002, but failed to file my H4 extention. We came to know of this very late and filed our i-539 with the delay of 2 months(may3rd,2003) after the expiry of I-94. Considering the the fact that TSC is slow in processing ,

What are my best options: Whether to stay and wait for my approval from INS or To leave the country and enter with the new H4visa?

If i leave the country,Will i have any problems/questions at the airport from the immigration officer(will he stamp overstayed or banned on my passport). Should i carry any company letter showing my reason for overstay?

What are the probable chances of me getting a new H4visa in my own home country?

What extra documents do i need to carry(like company letter, attonery letter for the reason of overstay) for application of new h4 visa ?

I did really appreciate your help and advice.. Anyone's experienced such a case??

Thank you

 

[ginnu]

My husband is on H1-b and I am on H4 status. Our visas and I94 expired on Feb28, 2003. My husbands company applied for h1b extension during dec2002, but failed to file my H4 extension. We came to know of this very late and filed our i-539 with the delay of 2 months (may3rd, 2003) after the expiry of I-94. Considering the fact that TSC is slow in processing,
----- now BCIS has zero tolerance policy, in the past they have extended H4 status even if it was filed few days after expiry of I-94 and lawyer explained in cover letter and INS/BCIS treated it as an innocent mistake. But the policy has changed. It is not the time to taking chances with BCIS.
what are my best options: Whether to stay and wait for my approval from INS or To leave the country and enter with the new H4visa?
---- Till date you have stayed illegally more than 2 months, H4 extension with I-539 is taking about 4-5 months. if your H4 extension is denied then the time you stayed in US will be counted as unauthorized stay and once you hit 6 months then 3 year bar will start. No body can give you a guarantee that BCIS will approve extension of your H4 status, Better is to leave immediately to avoid any more complications.

If i leave the country,Will i have any problems/questions at the airport from the immigration officer(will he stamp overstayed or banned on my passport). Should I carry any company letter showing my reason for overstay?
------- When you depart US, no questions will be asked, When you depart before boarding you have to submit your I-94 to airline counter and they forward it to BCIS then later on it will go to BCIS computer data (they will have the record that you overstayed your I-94) before leaving keep the copy of I-94 front and back for your future records, if I-539 filing receipt is received keep it with you for future records, also keep the Airlines boarding pass as proof that you left US on particular date (all for future) BCIS is not going to ask you any question when you depart.
What are the probable chances of me getting a new H4visa in my own home country?
---- If you leave now you may get H4 in your home country.

 

[danu]

Pending H4

I recently changed my status from L1A to H1 this year and I applied for L2 to H4 for my wife also.They asked for evidence of document for my case and by default my wife case also changed to asked for evidence. But they had sent letter only to me asking to submit the document.So I thought that when i sent the document for my case, they will change the status of her. I submitted my document and i got my H1 approved. But her status is still asking for evidence. I contacted USCIS and they said they will send the letter for her. But its been more than 4 months, i didn't get any response. When I contacted one attorney they said, since I have applied for H4 status myself, they couldn't do anything.
I asked whether I can refile, they said no, because if I refile now, her status is already out of status. They didn't tell me a clear answer what to do next.

I sent a detailed letter to USCIS texas with all the details.But no response. What is the other alternative options in this case.

If my wife go back to india, and apply for H4 stamping, does it get rejected, because her status indicates, asked for evidence?

Looking for your valuable answers.