H4 I94 expired - Any suggestions Please

[vishal77]

Hello there,

My H1 visa was revalidated last year on Oct 2004. My I-94 was also extended during the same time till 2007.

My wife is on a H4 visa and her I-94 expired on Oct 2004 and she is in the US with me.

What is the best way to go about to revalidate my wife's I-94 with/without going back to India?

Any suggestions will be greatly appreciated.

Best Regards,
VS

 

[bhand11683]

Your wife is on illegal status as of now and you should have filed for her H-4 extension at the same time too. contact an immigration attorney at the earliest

 

[vishal77]

I am aware of the status but I was reading through USCIS and I am supposed to file a I-539 form for extension of the I-94 status.

However I am not sure if this is a good idea and an other option would be to maybe send her back to India to get her I-94 and visa updated.

My attorney meanwhile is available by the end of this week. Any other suggestions would be appreciated.

 

[ginnu]

My wife is on a H4 visa and her I-94 expired on Oct 2004 and she is in the US with me
----- She is staying illegaly after I-94 expiry date
I am aware of the status but I was reading through USCIS and I am supposed to file a I-539 form for extension of the I-94 status.
------- she needed to file I-539 BEFORE her I-94 expired for extension of H4 status with USCIS. if you file now and it gets rejected(99%chance) then her illegal stay will reach more than 180 days and more problem for her, better send her out of US ASAP
However I am not sure if this is a good idea and an other option would be to maybe send her back to India to get her I-94 and visa updated.
------ if she stays more than 6 months after I-94 expiry 3 year bar, best option buy a ticket ASAP and send her out of US, let her get H4 stamp from US consulate then enter with H4 visa stamp.
My attorney meanwhile is available by the end of this week. Any other suggestions would be appreciated.