Dear friends,
I am currently working for Company B and hold a valid H1B and it expires on April 29th 2010. Before I joined Company B I was working for Company A which had filed for my H1 (I-797) processing and also for my spouses H4 (I-797) processing. Her I-797 was valid till 10/30/2008. Due to complete oversite from my side, I did not renew her I-797 and only realized about it 2 days while I was planning for my India trip at the end of this month. So, she has been out of H4 status for a little over 2 months now and I am worried that this could have serious consequences.
While I am in the process of seeking help from my attorney, I am also looking for some suggestions and advice from any one here who has been through a similar situatuion or is aware of such issues. I would really appreciate if I can get some inputs ASAP as the clock is ticking for her.
Here are my questions:
1) How bad is the situation and What would be the best approach to resolving this issue?
2) To avoid lengthening the duration of my wife's H4 out of status, I am planning to apply for a premium processing for her I-797 extension. How long does it generally take before we get to know whether it has been approved or not?
3) After filing for her I-797 extension, will it be ok for her to stay in US until we get to know from USCIS or will it make the matter worse?
4) After we file for her I-797 extension, we will receive a reciept notice from USCIS (Correct?). The time duration from the date of receiving the reciept notice till we get to know from USCIS about her approval, will these days be counted as 'H4 out of status days' or the out of status days are considered only till the date we have applied for her I-797 extension?
5) We had planned to visit India at the end of Jan 2009 with the intent to get both our staming renewed from the Chennai US Consulate. How does the existing 'H4 out of status' issue affect the chances of approval of her H4 visa renewal ?
Thank you in advance,
Chandra
I am currently working for Company B and hold a valid H1B and it expires on April 29th 2010. Before I joined Company B I was working for Company A which had filed for my H1 (I-797) processing and also for my spouses H4 (I-797) processing. Her I-797 was valid till 10/30/2008. Due to complete oversite from my side, I did not renew her I-797 and only realized about it 2 days while I was planning for my India trip at the end of this month. So, she has been out of H4 status for a little over 2 months now and I am worried that this could have serious consequences.
While I am in the process of seeking help from my attorney, I am also looking for some suggestions and advice from any one here who has been through a similar situatuion or is aware of such issues. I would really appreciate if I can get some inputs ASAP as the clock is ticking for her.
Here are my questions:
1) How bad is the situation and What would be the best approach to resolving this issue?
2) To avoid lengthening the duration of my wife's H4 out of status, I am planning to apply for a premium processing for her I-797 extension. How long does it generally take before we get to know whether it has been approved or not?
3) After filing for her I-797 extension, will it be ok for her to stay in US until we get to know from USCIS or will it make the matter worse?
4) After we file for her I-797 extension, we will receive a reciept notice from USCIS (Correct?). The time duration from the date of receiving the reciept notice till we get to know from USCIS about her approval, will these days be counted as 'H4 out of status days' or the out of status days are considered only till the date we have applied for her I-797 extension?
5) We had planned to visit India at the end of Jan 2009 with the intent to get both our staming renewed from the Chennai US Consulate. How does the existing 'H4 out of status' issue affect the chances of approval of her H4 visa renewal ?
Thank you in advance,
Chandra