H4/I-94 and Advance Parole expired - Spouse in India

M

muchadus

Registered Users (C)
Hi,

This is the scenario for somebody I know.

He is in USA on H1 and have passport stamped till mid of 2006.
His wife is in India since last few months and her passport was stamped till Nov-2004. She used visa to go India and didn't apply for H4 extension.
Their GC was in progress and all of sudden 485 was denied and his wife's Parole cancelled.
Now, she doesn't have H4 visa and doesn't have AP as well.

What is the best way for her to come back to USA?

1. Can he apply for her H4 extension right now? It was expired Nov-2004.
2. If above is not possible, can he apply for a new H4? How much time it takes?
3. What are the points he has to keep in mind while applying for H4 extension new H4 which is already expired?
 
muchadus said:
Hi,

This is the scenario for somebody I know.

He is in USA on H1 and have passport stamped till mid of 2006.
His wife is in India since last few months and her passport was stamped till Nov-2004. She used visa to go India and didn't apply for H4 extension.

Their GC was in progress and all of sudden 485 was denied and his wife's Parole cancelled.

Now, she doesn't have H4 visa and doesn't have AP as well.

What is the best way for her to come back to USA?

1. Can he apply for her H4 extension right now? It was expired Nov-2004.
2. If above is not possible, can he apply for a new H4? How much time it takes?
3. What are the points he has to keep in mind while applying for H4 extension new H4 which is already expired?
Click to expand...
----- ar present what is the status of that peson in US? does he has valid H1 and working on H1 status? if he has H1 status then his wife can apply for H4 visa based on spouse H1 status.
 
Thanks Ginnu,

Yes, he has valid H1 till 2006.
From your comment it looks like applying for extension after H4 expiration is not possible. Please correct me If I'm wrong.

Question :
Any known issues for applying new H4 after old one is expired? I would appreciate your feedback on this matter.

Thanks bunches...
 
muchadus said:
Thanks Ginnu,

Yes, he has valid H1 till 2006.

----she CAN get H4 visa from consulate
From your comment it looks like applying for extension after H4 expiration is not possible. Please correct me If I'm wrong.
---- H4 extension STATUS can only be applied in US before the expiry of I-94, now she has to applyH4 VISA stamp from consulate
Question :
Any known issues for applying new H4 after old one is expired? I would appreciate your feedback on this matter.
----------I dont see problem, many get second H4 from consultes. check the consulate site for documents needed
Thanks bunches...
Click to expand...
 
we applied H4 visa for my wife in india based on my new approved h1b while her visa is expired 6 months back that time. didnot face any problem. no questions asked. so donot worry. we attached the documents as mentioned in the consulate site.
 
closing the thread

Yes,
Finally she got new H4 and she came to USA next day after that.
They are refiling 485 next monday.

Thanks for your feedback.
 
muchadus said:
Yes,
Finally she got new H4 and she came to USA next day after that.
---good to know
They are refiling 485 next monday.
------- why do you posted it is for a "friend" I read in other post from you that it was your I-485 that was denied earlier and what was the harm if you could have posted that you needs info???
Thanks for your feedback.
Click to expand...
 
Ginnu,
It was truly for my friend who is in Chicago. his wife got another h4 and she is in usa now.
My family was already here using her H4 when i posted this thread. There is no point of hiding any information.

Anyway, I got some good news of getting my MTR/appeal approval for 140 and 485 which was denied on combination of degree.
I'm going to post more details about how I worked with my attorney and education evaluation company.

Thanks and no more confusion.
 
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