H4 Question - Jaxen / Jim pls help out

R

rxr

Registered Users (C)
My visa expired on April 1st, but a new H1 was filed before the expiration.
My company lawyers did not advice me anything on my spouse\'s petition.

Now when I ask them, about the H4 for my spouse, they are telling me that my wife\'s H4 should have been filed together, but they did not.

What are the consquences here, pls reply.
 
No Title

Your employer\'s lawyers are not liable to petition for your spouse\'s petition for extension of status. You or she herself could do it. You can still do it, but of course, she is at present "out of status" and INS would surely take note if it.
 
So does this mean she can get rejected?

Thanks Debasis.
My employers lawyers are working on it, I would still want them to do it, instead of me trying to figure this all out.

What are her chances now, and how should I go about doing this.

Please do suggest
 
If it is Apl 1, 2002,

File it immidiately. Maybe move both cases to premium processing. Maximum that can happen to her is that she might get a RFE (which you can respond to accrodingly) or will be asked to go out of US to get the stamping.
This is a mere case of oversight. Might get a scolding from the visa officer but nothing more.
 
you can ....

You can go ahead and send it across ASAP with a copy of your H-1B extension approval (if you have received) or a copy of your H-1B receipt (if you have not received your approval yet), marriage certificate, your recent paystubs and a letter from your company verifying your employment with them. ALSO, draft a letter identifying your wife, requesting INS to approve your wife\'s extension and explaining INS the reason for the delay in filing her case.
 
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