H4 holder I-94 expired Please help

K

kather_i

Registered Users (C)
I did not know that I need to separately apply for the H4 extensions of stay. My wife came to US, with my old company - Acompany’s visa stamping. The VISA stamping and I-94 card are expired on Sep 30, 2005 (I-94 expired on 09/30/2005).

Right now both of our passports have only Acompany's VISA stamping on it and expired I-94 cards. Also my passport expired on Nov23, 2005 and got a new passport from New York Indian Embassy.

Now I am with Bcompany and its I-797form with attached I-94 is valid until 08/02/2006). At the time of H1 filing, I did not include my wife name because I was a bachelor. I went to India and got married and we both came to US in the same old Acompany’s visa. I was told the new I-94 attached in !-797 will take care of our status, but now I found that it is good only for me and not for my wife, because at the time of filing I did not include my wife name. Now my company lawyer says my wife is out of status for 5 months and she should leave the country within 180 days. Also our attorney asked us to apply for I-539 as an extensions of stay for my wife and we did e-filing of !-539 on 02/23/2005. Please help me what to do in my situation.

a) Is it better for her to wait until this I-539 approval and go to India or
b) Better leave USA before (03/30/2006) 180 days by handover the same
expired (09/30/2005) I-94 card?
c) Will there be any consequences for her when we go for stamping in
India or when we need to apply for H1-B 7th year extension or when we
apply for GC.
Please suggest some better way of avoiding any consequences.
 
It's better to stay away from the US as I-539 may not be approved. If I539 was denied, your wife most likely reaches 180 days upon denial and it triggers 3 years entry ban.. Be careful. In general, one can file I-539 only if one is in status, therefore, there is high chance of I539 denial in this case.
Your lawyer should have mentioned this. Ask your lawyer on this matter.
 
Thanks 4 your reply. Then How can I bring back my wife after I send here back to India? By regular stamping at Delhi Consulate? Also I am planning to apply for the H1b_7th_year extension for the period from 08/02/06. Should I consider bring her after after applying for H1 extension and its approval? My passport is also stamped only until 09/30/2005, but my Bcompany's I-94 valid until 08/02/2006 and will be appyling for H1B 7year extension later. So I also need to go for stamping, if I need to bring my wife back to US?
 
kather_i said:
By regular stamping at Delhi Consulate?
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Yes.

Should I consider bring her after after applying for H1 extension and its approval?
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It does not matter when you bring her back.
My passport is also stamped only until 09/30/2005, but my Bcompany's I-94 valid until 08/02/2006 and will be appyling for H1B 7year extension later. So I also need to go for stamping, if I need to bring my wife back to US?
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Unless you travel, you do not need stamp.

You had better talk to lawyers for detail.
 
GOTPR?,
In this case the primary H1B holder passport has been renewed, but still valid I797 and I-94 are there untill 08/02/2006. The old indian passport becomes invalid on Nov, 2005 and new indian passport is valid on Dec2005. Since because of having a new passport, should the primary also has to go for stampingin India? or not need? Also mention what will be the charge if I go to good lawyer? I need to get my wife after H4 stamping asap. Because present H1 ends by 08/02/2006.
 
You should have been filed I-539 seperately, once your current H1 got approved. Since you didn't apply...she is in trouble right now. So, it's better to send her to India now.

I think you can apply for 7th yr extn now itself. Once it's been approved you can send your H1B approval and ask her to go for H4 stamping. You can also send her approved I-539 (which was e-filed on 02/23/06) at that time. But ask her to show her approval notice (I-729) only if the visa officers asks for it.

I know some times it happens due to our neglicancy when we work for bad companies.
 
Satygm and GotPR,
Thanks so much. very much appreciated. So when my wife goes for H-4 stamping, she should show only approved I-539 only and not my present valid I-797(validity until 08/02/2006). Why should not she show the going-to-be-apporved new H1-B 7th year extension's I-797(For this I will apply now). Is it because we applied for I-539?
Would it have been better and make any difference, if we had not applied I-539 and just send her to India and for H4 stamping send
either at present valid I-797(valid 08/02/2003) or going-to-be-apporved new H1-B 7th year extension's I-797(yet to apply for this)?

Since my wife H4 went out of status, will there be any problem in any of GC stages like !-485 denial or AOS? I am still waiting on LC.
 
My Wife's H4 Extension Issue - Ended in good way.

Hi Friends,
I want to share H4 Extension Issue experience with you. This issue may cover some concerns in this thread.

While we are in process of my H1b 7 th year extension, My attorney did not know that I was married and did not apply for H4 extension for my wife. I thought she would apply. Some mis communication. And I do not blame my attorney here. Its my duty to take care of H4 extension 'period'.

I should mention that my attorney is very good and treats us like good clients. Meanwhile, I got my H1 extended. And while my attorney is documenting for my I-140 application, she found that I got to file for H4 extension immediately.

We applied H4 extension (two days after I 94 date expired) and I got prepared to send my wife to India so that she would not trigger 3 year ban. Attorney explained the miscommunication in the H4 extension application cover letter. Just today we got the H4 extended with I94, which means my wife do not need to go to India and reenter US for I94.

We got the H4 extension in 5 weeks (Not premium processing)


Note - I am not an Attorney. Each case can be different and can be more complicated. Consult your attorney for any issue. Do not rely on my experiences or my cases.
 
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H4 stamping and I-94 re-entry problem

1. Does any one face re-entry problem, because of your previous I-94 expiry and over stay? Are you able to come back to US? If yes, pls. share your experience here.

2. For H4-stamping can I go to any consulate in India, because I already got my previopus H4 stamping(expired) in chennai for the previous company A?
 
Please, need real help here.

I forgot to apply for H4 along with my H1 when it expired in Dec. 2002 with my 1st H1B renewal in Jan. 2003, infact, i was unaware that its a separate application, i was under the impression that it will be approved with my H1B. But again with Next Renewal, i knew that i will need to apply for my wife as well and applied and my case was approved, i got an inquiry from USCIS about her case, asking why her non-immi. status was not maintained and requires my Pay Slips, my Notice of Action copy, which i will be able to provide. But I donno what the reason i should give as it was purely my unawareness.

Msg. Below posted 08/08/2006 after I sent Docs with my Pay Slips and all.

Again, I sent all the other supporting Documents like merriage Certificate and reqd. fees, and also a letter requesting asking INS to forgive me for my ignorance and grant the H4 Approval for my wife, but they denied and said that a denial of I-539 may not be appealed, however, an applicant may file a Motion to Reopen or Reconsider under 8 CFR, 103.5. It must be filed in writing and signed by applicant, attorney or rep. of record, and accompanied by the proper filing fee within 30 days of this decision. It must state new facts to be proved or reconsidered, and must be supported with affidavits or other doc. evidence and any pertinent procedent decisions.

Please let me know if anybody had the same situation before and got thru it.

Her I-95 also expired in Dec. 2002.

Please ask if you have any further question, please.

Please reply,

Thanx

Dhaval
 
Hi,
Razors_edge, you are mentioning Taking help of USCIS, how and what should i do to take help from USCIS.
Please reply me ASAP as I now only have 15 days to appeal for H4 Ext.
Thanx in Advance.
Dhaval.

Hi Anybody can help me out with the case of my wife's H4 Extension, the I-539 got rejected and they gave me date to reply by 09/02/06 which also has passed and i donno what to do.

Please, please suggest me what should i do and how to proceed.
Thanx in Advance.
Dhaval.
 
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dave74 said:
Hi,
Razors_edge, you are mentioning Taking help of USCIS, how and what should i do to take help from USCIS.
Please reply me ASAP as I now only have 15 days to appeal for H4 Ext.
Thanx in Advance.
Dhaval.

Hi Anybody can help me out with the case of my wife's H4 Extension, the I-539 got rejected and they gave me date to reply by 09/02/06 which also has passed and i donno what to do.

Please, please suggest me what should i do and how to proceed.
Thanx in Advance.
Dhaval.
Click to expand...

Hi,

What has been done? I assumed you had taken necessary actions since there are only 30 days allowed.

How long do you have to wait for the 'reconsideration' of the I-539?
 
Nothing has been done, spoke to couple of lawyers, all had different views, some says she better go to India and get it stamped there, it should not be a problem, one other lawyer told that if she goes, it will trigger 10 year ban on her, other one told that its better for her to stay until i get my Citizenship, which seems to be very very far, 7-8 years, so dont think as an option, so just waiting for next year as my 6th year finishes and will see whats my status, if my copmany applies to extend my visa and if it gets extended.
Do you have anybody with same case or any personal experience, please share and if you or anybody have got thru it, please let me know. I have written everything here.
 
Hi,

Like said by some one in this thread, this is very difficult. You can hire a very good lawyer and file Motion to Reconsider for the I-539 with some new information. The lawyer would say for the best 50:50 chance of approval. Now if you want to file Motion to Reconsider, you also have to explain why you need more time since the 30-day deadline has passed.


Otherwise, waiting until you become a citizen might be one option, if her I-485 is denied.
 
Do you know like what are the chances of her I-485 being approved ?
Please also let me know if you know some very good lawyer and sayas 50-50% Chances, as i spoke to some and all said as i mentioned in previous post in this thread. I would really appreciate your help. Coz, waiting till i get my Citizenship is as per my wife is not an option.
 
Please look for a good lawyer close by so that communication is much easier. No one knows the chances of I-485 being approved.
 
Kumar

One of my friend's I 94 has been expired before his visa expiration date and he applied for a extension 20 days after the expiry date ,does it gets approved and also does it effect in the long run as his I 140 is under process and his 6 years of H1 is getting ended,if so please adivce as what is the process and consequences

thanks in advance

kumar
 
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