H4 Out of status

A

adevaram

Registered Users (C)
HI Gurus,
I was with company A in 2001 July,and my H1 got transfered to Company B in December 2001.I got married on July 2001 and my wife got Company A visa until 2003 Jan 2nd.I send my passport for Revalidation to St Luios on Jan 2003 29th..Still i am waiting for my passport..

Real Issue : I did't file my wife H4 with companyB,now her I94 got expired,i thought same process for applying revaladation here in St Luios.. Which is't... In India I applied for visa without H4 Papers,Since in US it is not possible like that.

Now she is out of status... I had to apply for H4 here or apply Visa in India (Chennai) ,Which one is better and how Chennai Visa office is issueing H4's now..Her visa is expired 2 months back now..How long she can stay with out status in USA..How this out of status is going to effect in future...

I called to Autorny he says ,we have to gamble in this case.. Same possiblities getting query in both cases(Going to India or Applying H4 here).. Please post some useful Info.........

Thanks to all...
 
HI Gurus,
I was with company A in 2001 July, and my H1 got transferred to Company B in December 2001.I got married on July 2001 and my wife got Company A visa until 2003 Jan 2nd.
------ It means that she got H4 stamped in India till 2003 Jan 2nd that was OK
I send my passport for Revalidation to St Louis on Jan 2003 29th..Still I am waiting for my passport..
-------- You may get your Visa revalidation and passport back in the last week of April

Real Issue: I didn’t file my wife H4 with company B, now her I94 got expired, I thought same process for applying revalidation here in St Louis.. Which isn’t... In India I applied for visa without H4 Papers, Since in US it is not possible like that.
--------- You should have applied her H4 extension in US from INS/BCIS through form I-539 before the expiry date of your wife I-94, it could have been extended based on your H1b of company B and she could have got new H4 extension till the date of your H1B validity and with new I-94 attached to her H4 extension status till the validity of your H1B of company B. now she is out of status in US.

Now she is out of status... I had to apply for H4 here or apply Visa in India (Chennai), Which one is better and how Chennai Visa office is issuing H4's now. Her visa is expired 2 months back now. How long she can stay with out status in USA.. How this out of status is going to effect in future.
----- Talk to immigration lawyer still her H4 MAY be extended because in the PAST INS has forgiven this kind of status issue, because it is innocent mistake and lawyer should draft the letter and file H4 with form I-539 and pay the fees $ 140 but these days INS/BCIS has zero tolerance policy, they may also reject it and rejection will come after 3-4 months time, it means she will be staying out of status more than 6 months and then 3 years bar will start.
She should immediately leave US and try to get H4 visa stamped from India.

...

I called to Attorney he says, we have to gamble in this case.. Same possibilities getting query in both cases (Going to India or Applying H4 here).. Please post some useful Info.........

Thanks to all
 
get her out of the country

before you clock over 6 months of stay past the I-94 date...otherwise she could be banned for 3 yrs.
 
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