H4 - I797 extension < H1 extension period -- Please help

jmehta

New Member
I'm having a very complicated H4 renewal issue.

GC Status : 485 pending.

In Nov-2011 my company applied for H1B/H4 renewal for me and my family (wife, daughter & son) as my H1B was expiring in Feb-2012. When we got the extensions I found that I got H1B extended for 3 years (up to Feb-2015) but my wife and both the children got only up to Nov-2013). When my lawyer check with USCIS he found that this was because my daughter reached the age limit of 21 years in Nov-2013. She can get H4 approval only up to age of 21.

As I-539 application was common for all H4 applicants, they issued same validity for my wife and son, even though they were eligible to get extension up to Feb-2015. I don't know why they can not even give different dates for all three different applicants.

Now my question is, Is there any way we can get validity up to Feb-2015 for my wife and son? Can we reapply for H4? It is very important to do so as otherwise I have to apply and stamp for their (wife+son) H4 visa next year again. We already tried Nunc Pro Tunc petition and result is null.

If anybody experienced the same or heard about this issue, please share.

Appreciate your help in advance.

Thanks
 
I'm having a very complicated H4 renewal issue.

GC Status : 485 pending.

In Nov-2011 my company applied for H1B/H4 renewal for me and my family (wife, daughter & son) as my H1B was expiring in Feb-2012. When we got the extensions I found that I got H1B extended for 3 years (up to Feb-2015) but my wife and both the children got only up to Nov-2013). When my lawyer check with USCIS he found that this was because my daughter reached the age limit of 21 years in Nov-2013. She can get H4 approval only up to age of 21.

As I-539 application was common for all H4 applicants, they issued same validity for my wife and son, even though they were eligible to get extension up to Feb-2015. I don't know why they can not even give different dates for all three different applicants.

Now my question is, Is there any way we can get validity up to Feb-2015 for my wife and son? Can we reapply for H4? It is very important to do so as otherwise I have to apply and stamp for their (wife+son) H4 visa next year again. We already tried Nunc Pro Tunc petition and result is null.

If anybody experienced the same or heard about this issue, please share.

Appreciate your help in advance.

Thanks

This is quite an uncommon issue. Try making an infopass appointment.
 
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