H4 revalidated but I-94 expired

[saishreeya]

Sub: My wife on H4 has revalidated visa till Dec 2004 but I-94 is valid till Apr 2003

I was working with "A" company with visa date from May2001 to Apr2003. In Aug2001 I got married in India and came back alone to USA and was changing to "B" company in Dec2001. Meantime, my wife in India applied for H4 on my "A" company and also got it stamped on passport.

My wife came to USA with that "A" company H4 visa in Dec2001. Her passport had visa from DEC2001 to APR2003 and I-94 valid until 01APR2003.

In Feb/March I received I-797 fom Company "B" and it has only my name on it.

I sent my passport and my wife's passport with company "B" H1B papers to St. Louis for stamping. Both the passports were stamped for visa from Jul2003 to DEC2004 and there was no query from visa office. I thought we all set and no more documents needed.

Now upon reading on internet about I-94, I am really concerned about my wife's status as her I-94 is expired on 01APR2003. Also I am not aware of I-539 form that are mentioned on internet sites.

Now is her status good ? If not what need to be done immediately to get her to status. Does she need to goto to India and return to get a valid I-94. But will she have any problems while leaving the country or entering the country.

Also note that, I have to extend my visa and wife's H4 visa in another 3 to 4 months as the visas are expiring in DEC2004.

I would also like to mention that in Oct 2003 my wife delivered a baby here in US after undergoing serious complications throughout her pregnancy. Now the child has US passport.

Please advice ASAP. I would apperciate any suggestions on this matter

Regards
Sai

 

[ginnu]

Sub: My wife on H4 has revalidated visa till Dec 2004
but I-94 is valid till Apr 2003
-----She is staying illegaly in US and she is out of status from the day her I-94 expired.
I was working with "A" company with visa date from May2001 to Apr2003. In Aug2001 I got married in India and came back alone to USA and was changing to "B" company in Dec2001. Meantime, my wife in India applied for H4 on my "A" company and also got it stamped on passport.

My wife came to USA with that "A" company H4 visa in Dec2001. Her passport had visa from DEC2001 to APR2003 and I-94 valid until 01APR2003.

In Feb/March I received I-797 fom Company "B" and it has only my name on it.
------ Your wife name will NOT be on your H1 approval. you were supposed to file your wife H4 extension before her I-94 expiry date. Company b filed for your H1 and NOT for your spouse H4 extension at that time. It is your mistake you should have Informed Employer or Lawyer to file your spouse H4 Extension
I sent my passport and my wife's passport with company "B" H1B papers to St. Louis for stamping. Both the passports were stamped for visa from Jul2003 to DEC2004 and there was no query from visa office. I thought we all set and no more documents needed.
----- Visa stamp is only for entry to US it is I-94 that is valid for your Stay or status in US
Now upon reading on internet about I-94, I am really concerned about my wife's status as her I-94 is expired on 01APR2003. Also I am not aware of I-539 form that are mentioned on internet sites.
----- USCIS site has Form I-539 but your wife has stayed in US illegaly more than 1 year, she is subject to 3/10 year bar. Go to very good lawyer ASAP

Now is her status good ? If not what need to be done immediately to get her to status. Does she need to goto to India and return to get a valid I-94. But will she have any problems while leaving the country or entering the country.
----- she will have problems to get Visa and to renter US as she stayed illegaly in US more than 1 year and subject to 10 year bar. go to very good lawyer

Also note that, I have to extend my visa and wife's H4 visa in another 3 to 4 months as the visas are expiring in DEC2004.

I would also like to mention that in Oct 2003 my wife delivered a baby here in US after undergoing serious complications throughout her pregnancy. Now the child has US passport.

Please advice ASAP. I would apperciate any suggestions on this matter

Regards
Sai