Hello,
URGENT, Please I need suggestions /advice here. I think I'm in deep problems..
I am on H1 and in 7th year extension. This is regarding Out Of status questions for my wife and son who are on H4 status here with me in US.
My wife and sons I94 was expired in OCT 2003 and when my company applied my H1 extension they forgot to file H4 extension for them. I also didn’t notice until I94 expired and 180 days period also over. When I send my son and wife passport and I94 copies to my attorney to apply my 7th year extension that time, they noticed and they told they are out of status now so we can’t apply their H4 extension. Also if they leave country they are barred for 10 yrs from entering the country. And also they only said the remedy for their out of status is applying them for AOS(485) when my labor is get cleared and ready for applying 485. If I pay $1000.00 fine they can apply for AOS and they become legal. This all happened during May/June’04.
From that time to till today I am waiting for my labor (I applied from Delaware(July’03) and Iowa(Nov’03)) to get approved but due to changes in processing and delays I still waiting to get approved my labor. But according to VISA dates even though I get my labor I can’t apply 485 until my VISA date become current (EB3).
Meanwhile my son passport is expiring this September’05 and regarding this I asked my attorney how to get renewal his passport. Acc to Indian embassy in Chicago website, if I need to renewal of passport , you need to submit a proof your status. Again they opened my file and went thru I-94 dates and told me that again they are out status and there is no remedy for them to become legal since they can’t apply 485 even though if I clear my labor. This is only applicable to people who applied their labor before April’01. Since I didn’t apply my labor or any type of immigration for them before April’01, I’m not eligible.
Now issue has become bigger and my son is 5 yrs and he is signing up for Kindergarten this year (September) and he and my wife both are out of status.
Please give me your suggestions or direct me in right direction to bring them back to status. Can I apply H4 for them now. Is there any chances there.
My head is blowing and running out of options. Please. Please advise me.
URGENT, Please I need suggestions /advice here. I think I'm in deep problems..
I am on H1 and in 7th year extension. This is regarding Out Of status questions for my wife and son who are on H4 status here with me in US.
My wife and sons I94 was expired in OCT 2003 and when my company applied my H1 extension they forgot to file H4 extension for them. I also didn’t notice until I94 expired and 180 days period also over. When I send my son and wife passport and I94 copies to my attorney to apply my 7th year extension that time, they noticed and they told they are out of status now so we can’t apply their H4 extension. Also if they leave country they are barred for 10 yrs from entering the country. And also they only said the remedy for their out of status is applying them for AOS(485) when my labor is get cleared and ready for applying 485. If I pay $1000.00 fine they can apply for AOS and they become legal. This all happened during May/June’04.
From that time to till today I am waiting for my labor (I applied from Delaware(July’03) and Iowa(Nov’03)) to get approved but due to changes in processing and delays I still waiting to get approved my labor. But according to VISA dates even though I get my labor I can’t apply 485 until my VISA date become current (EB3).
Meanwhile my son passport is expiring this September’05 and regarding this I asked my attorney how to get renewal his passport. Acc to Indian embassy in Chicago website, if I need to renewal of passport , you need to submit a proof your status. Again they opened my file and went thru I-94 dates and told me that again they are out status and there is no remedy for them to become legal since they can’t apply 485 even though if I clear my labor. This is only applicable to people who applied their labor before April’01. Since I didn’t apply my labor or any type of immigration for them before April’01, I’m not eligible.
Now issue has become bigger and my son is 5 yrs and he is signing up for Kindergarten this year (September) and he and my wife both are out of status.
Please give me your suggestions or direct me in right direction to bring them back to status. Can I apply H4 for them now. Is there any chances there.
My head is blowing and running out of options. Please. Please advise me.