H4 extension with expired I94

[gc999999999]

If I apply H4 extension for my 6 yrs kid here is US whose I94 is expired 9 months back .. what are the consequences.....Parents are in valid H1 status..

I can not take risk of sending him back India and denied H4 stamping at Chennai...


please give me suggestions..

 

[jaxen]

Use a lawyer. With the primary in H1 status this should not be a problem. unless you do not have any paystub/W-2 issue chennai consulate is a safer solution.

 

[gc999999999]

Use a lawyer. With the primary in H1 status this should not be a problem. unless you do not have any paystub/W-2 issue chennai consulate is a safer solution.

Thanks.. we are applying for extension here with a good lawyer..
If it get rejected we are planning to go to chennai for h4 stamping..
is there a chance of debarring for 3 yrs as his I94 is in invalid status for more than 6 months..in other post you mentioned for children it may not be considered...is there any provision or can we do any thing legally if he debarred for 3 yrs??

 

[ginnu]

Thanks.. we are applying for extension here with a good lawyer..
If it get rejected we are planning to go to chennai for h4 stamping..
is there a chance of debarring for 3 yrs as his I94 is in invalid status for more than 6 months..
----- child is NOT subject to 3/10 year bar

in other post you mentioned for children it may not be considered...is there any provision or can we do any thing legally if he debarred for 3 yrs??

 

[gc999999999]

If I apply H4 extension for my 6 yrs kid here is US whose I94 is expired 9 months back .. what are the consequences.....Parents are in valid H1 status..

I can not take risk of sending him back India and denied H4 stamping at Chennai...


please give me suggestions..

Thanks to all:

I applied for my Son's extension.. and received RFE asking more information about both parents status etc.,we send all previous H1 details etc and affidavit etc.,
Today USCIS approved the extension.
God bless every one.,