H4 Extension petition rejected-Please help

Dolphin_1972

Registered Users (C)
A friend of mine is in the US on Academic H1B along with his wife and children on H4. The school where he currently works is processing his paperwork only leaving the rest of the work (wife and kids paperwork) to him. Last May (2008) his appointment is extended for another year, and therefore his H1B was also extended, however, thinking that his status change will automatically be in effect for his dependents, he failed to apply for H4 extension for the family.

It was only after several months (4-5) when he realized that this could be a problem and his family is out of status. He filed I-539 for them along with a petition explaining the reasons and supporting documents. That application has been rejected by the USCIS, leaving the path open for the appeal process.

Now the questions:
1- How much chances does he have if he appeal this decision?
2- What other options can he exercise? Is contacting the congressman and gathering letters from the School officials going to help him?
3- His family is currently out of status for over 6 months, however, his first application was before 6 months elapsed. Are they going to be subjected to 3-10 years ban if they leave the country and try to get visa from Home county?

Your helps and thoughts will be greatly appreciated. Thanks so much.
 
A friend of mine is in the US on Academic H1B along with his wife and children on H4. The school where he currently works is processing his paperwork only leaving the rest of the work (wife and kids paperwork) to him. Last May (2008) his appointment is extended for another year, and therefore his H1B was also extended, however, thinking that his status change will automatically be in effect for his dependents, he failed to apply for H4 extension for the family.
----------------------He was supposed to file H4 extension of spouse and children before H4 based I-94 expired.
It was only after several months (4-5) when he realized that this could be a problem and his family is out of status. He filed I-539 for them along with a petition explaining the reasons and supporting documents. That application has been rejected by the USCIS, leaving the path open for the appeal process.

Now the questions:
1- How much chances does he have if he appeal this decision?
---------------
2- What other options can he exercise? Is contacting the congressman and gathering letters from the School officials going to help him?
------------------may not help
3- His family is currently out of status for over 6 months, however, his first application was before 6 months elapsed. Are they going to be subjected to 3-10 years ban if they leave the country and try to get visa from Home county?

Your helps and thoughts will be greatly appreciated. Thanks so much.

-----you friend need to see a very good lawyer ASAP.
 
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