H4 / i 94 overstay --- URGENT

T

tj_jayson

Registered Users (C)
Hi All,

Here is my case
I came to US july 7 2001 with 2 year H1 visa valid up to May 20 ,2003

I joined another company in March 2003 with Recipt notice

I got my H1 Approved in August 15 , 2003

My wife and daughters H4 visa and I94 expired on May 20 ,2003

I forgot to extend the I 94 and applied through a lawyer
for extension I 539 on sept2,2003

Till now (nov7,2003) no reply from BCIS


1. Is the 180 days criteria will start to apply exactly 180 days
(16 th Nov) or 6 months (19 th NOV 2003) ?

2.Will it advisable to wait beyond 6 months(180 days) for a decision from BCIS with the receipt notice ?

Any inputs will be highly appreciated

Thanks in Advance

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I came to US july 7 2001 with 2 year H1 visa valid up to May 20 ,2003

I joined another company in March 2003 with Receipt notice

I got my H1 Approved in August 15 , 2003

My wife and daughters H4 visa and I94 expired on May 20 ,2003

I forgot to extend the I 94 and applied through a lawyer
for extension I 539 on sept2,2003

Till now (nov7,2003) no reply from BCIS


1. Is the 180 days criteria will start to apply exactly 180 days
(16 th Nov) or 6 months (19 th NOV 2003) ?
--- If the BCIS refuses to extend the H4 then count the out of status or illegal stay date from May 20,2003, if they hit 180 days out of status from May 20,2003 then 3 year bar starts
2.Will it advisable to wait beyond 6 months (180 days) for a decision from BCIS with the receipt notice?
------ BCIS decision is not granted that they will approve the H4 status extension because it has been filed 3 months late from I-94 expiry date, in past BCIS/INS some time forgiven that as innocent mistake and have also approved H4 extensions .if BCIS don’t extend your daughter and wife H4 all will be in problems. If I am in your situation I will book the ticket and will send them out of US immediately. Let them get H4 visa stamped from consulate on base of H1 approval notice and enter again
Any inputs will be highly appreciated
 
H4 extension denied

Hi

Unfortunately our case denied and they went home before 180 days of h4 /I94 expiry.

Any chance to get I 94 status by reopening the case?

How hard will it be get another visa in chennai consulate ?

Any body had this problem before.

Your inputs will be highly appreciated

Thanks in Advance
 
Unfortunately our case denied and they went home before 180 days of h4 /I94 expiry.
----- Did they have any proof like airline boarding pass when they departed US. when did they left US?
Any chance to get I 94 status by reopening the case?
---- You cannot get the I-94 status corrected now or reopened, they should apply for H4 visa stamps based on your H1 approval notice with other required documents from your side in India. Chennai asks for truck load of documents check the other posts
How hard will it be get another visa in chennai consulate ?
-- Depends on visa officer
 
Thanks for the link

I hope my family also will have a happy end.

Any additional documents required for overstay issue in chennai consulate ?


tjj
 
Approved in the drop box

Hi all ,

This forum was helpful in taking the right decision .

Our case got approved with out an interview in Chennai

consulate it took only one week to get stamped passport

Hope this will help someone.
 
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