H4 out of status

[vasu9]

Dear sir/Madam,

My wife 's I-94 is expired in Feb-2001 when my first H1 is expired.when I have applied for my H1B renewal and my employer forgot renew my wife's H4. Subsequently ,in Oct 2001, I have changed my employer, who applied for my H1 & my wife's H4 in Nov 2001, and obtained separate I-94 's which are valid from Feb 2002 to sept 2004.My wife went to India last month . She need to go for Visa revalidation at chennai consulate soon.

Would it cause any problem if my wife go for Visa revalidation at US Consulate at Chennai, India, even though she got valid I-94 now. I heard old I-94 are null and void. Is there anything I could do now to apply for I-94 retroactively for her.One of my friend suggested that BCIS would percieve it as out-of-staus and bar the re-entry. He also told me that there are other possible options ,like,it can be petitioned to BCIS to make the I-94 retroactive from Feb 2001.

Even though visa is given at chennai, would it cause problem at POE?
Anybody please advise me. I appreciate your help

 

[sainwa]

Yes , I would guess there a problem at the consulate ..they are now hitting 26 different databases , before issuing the Visa at missions. My wife had a similar problem and is stranded out side US now .One of the database they (state dept) hit is :IBIS: The Interagency Border Inspection System.IBIS is supplemented by IDENT, an Immigration and Naturalization Service computer system that uses fingerprints to identify aliens encountered at the borders by U.S. agents and inspectors. Several databases feed into IBIS. One of them being :Non-Immigrant Alien Lookout System, which tracks enforcement actions taken against individuals by the Justice Department.
Wish you good luck ...and a good f**k to the cause of problem we law abiding people (Modern day American Slaves) facing.
I hope this helps.....BTW I am from India but and does not belong to the sucpected religion .. but still I have to face the brunt....
Good luck again..

 

[markz]

tricky situation

This is a tricky issue and you should consult a lawyer. If the H4 visa issued is current and the BCIS has approved the H4 extension then this should not be a problem for re-entry.