H4 - Revalidation- I-94 EXPIRED

M

Marais

Registered Users (C)
The present situation is as below..

1) My friend has valid H1 and revalidated his visa in his passport.

2) For some reason, he did not revalidate his wife's H4 visa. His wife's I-94 got expired recently.

a) Question is, is it required to apply for H4 extension and then with that approval does he need to send the passport for revalidation ? or

b) Is my friend's H1 approval is enough for revalidation his wife's H4 visa?

Please help gurus ....!!

Thanks in advance...!!
 
Pls give us the dates.
For him no problem
for her It is a problem ..Looks like she is already out of status.The day her I-94 Expired .. She is out of status from that day..Her husband should have filed her H4 Extension before 45 days of her I-94 Expire date ..Here 45 days is precautionary measures.

What is her Earlier stamping ???
Now a days i dont think USCIS is giving extensions after the H4 I-94 date.
Yes H4 Extension is required for revalidating the visa
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Marais said:
The present situation is as below..

1) My friend has valid H1 and revalidated his visa in his passport.

2) For some reason, he did not revalidate his wife's H4 visa. His wife's I-94 got expired recently.

a) Question is, is it required to apply for H4 extension and then with that approval does he need to send the passport for revalidation ? or

b) Is my friend's H1 approval is enough for revalidation his wife's H4 visa?

Please help gurus ....!!

Thanks in advance...!!
Click to expand...
 
Marais said:
The present situation is as below..

1) My friend has valid H1 and revalidated his visa in his passport.

2) For some reason, he did not revalidate his wife's H4 visa. His wife's I-94 got expired recently.

a) Question is, is it required to apply for H4 extension and then with that approval does he need to send the passport for revalidation ? or

b) Is my friend's H1 approval is enough for revalidation his wife's H4 visa?

Please help gurus ....!!

Thanks in advance...!!
Click to expand...

She has to apply for H4 extension and send for revalidation. Check the expiry date on her I-94. If it is expired she may be in trouble. Ask them talk their attorney

If not expired ask him file for extension (Form I- 539). Then she can send for revalidation if that facility still exists. Otherwise she can get stamping in their next visit

Even I did same mistake but came to know just within 10 days after applying for my H1 transfer.
 
Marais :

Send her to the native country immediately and ask her to apply for the H4 visa in the nearby US consulate and come back with the new I-94.

If it crossed 180 days, she will face 3 years ban [If it crossed above 1 year --10 years ban] to re-enter into US.

You can't do any thing keeping her in US after I-94 Expired. Act immediately and talk to any attorney.

SREE
 
One important thing is whether your friend had applied for 485/AOS anytime ? If AOS was applied before I-94 expired on her H4, then she will be fine. Please have him consult a good immigration lawyer. Getting a visa stamped at home consulate is also risky, as she was out of status and may face problems in getting new visa at consulate.
 
sertra2002,sree1965,
Thank you for your response..

My friend is still in labor approval stage.
 
Hi Marais

We had a similar situation..
My employer applied for my H1 extension on time ..but for some reason my wife's H4 extension application reached USCIS 18 days after her I-94 expired.
USCIS then sent her application back as her signature was missing ( again employers fault). We then resent her application ...then after like 8 months she had an RFE asking for clarification as to why her H4 application was delayed.
Our lawyer drafted a letter explaining why my employer sent her app late , I attached my recent most paystubs copies ( as a proof that I {benificairy} was maintaining my H1 status ).
Her RFE got approved and she got her H4.
The best thing for your friend that I would suggest is first apply for his wife's H4 extension. He will then definately get an RFE asking for an explanation. He will have enough time to consult his attorny and come up with a good reason
for the delay.
NVC
 
Last edited by a moderator:
Do we really need to apply before 45 days of I-94 expired? I heard that as long as you have an EAC number of H4 application before your I-94 expired you are fine.
 
Not really. But it is good to file before I-94 Expire .. Pls check I-539 Application

deepakanu said:
Do we really need to apply before 45 days of I-94 expired? I heard that as long as you have an EAC number of H4 application before your I-94 expired you are fine.
Click to expand...
 
Yes, that's correct, We need to file before I-94 expired. But my question was do we really need to file before 45 days? As long as you have an EAC number (proof that you have filed for H4 ext) of your H4 filed application, you are fine and not out of status. Pls correct me if I'm wrong.
 
NVC said:
We had a similar situation..
USCIS then sent her application back as her signature was missing ( again employers fault). NVC
Click to expand...

NVC,
You say that her signature was missing ? I also recently applied for H1 extension for self and H4 extension for wife. My employer never asked me or my wife to sign anything ? Which form are you talking about that need our signature?

sertra2002
 
sertra2002 said:
NVC,
You say that her signature was missing ? I also recently applied for H1 extension for self and H4 extension for wife. My employer never asked me or my wife to sign anything ? Which form are you talking about that need our signature?
Hi Sertra... You dont have to sign on your H1 extension application your employer can sign for you ...or the attorny can ....If your lawyer is handling your wife's H4 extension , then he will sign the app.
In my case my employer applied for my wife's H4 extension ( not even my lawyer) and he sent the app without any signature.
I think in your case your employer might have used his lawyer for this process. In that case your lawyer must have signed for you guys, thats perfectly normal ..dont worry.
Regards
NVC
Click to expand...
sertra2002
Click to expand...
 
H4 applied 2 weeks after I94 expiration and got approved without RFE


I have got H4 extended for my wife 4 times so far. Everytime, the attorney has sent the papers to be signed by my wife. I was told that he (Attorney) could not sign on my wife's behalf.

I also had the instance where my H1 and wife's H4 were filed 3 days before I94 expiration. 10 days after expiration of I94, the H4 papers came back saying that original wife signatures were required( attorney sent photocopy instead of original).

I sent the H4 papers back, almost 2 weeks after I94 expiration. In our case, the H4 was approved in about 6 months without any RFE. I have written in the letter to USCIS that the earlier papers came back due to attorney's mistake of sending the photocopy. It worked.
 
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