h4 revalidation

S

siirfan

New Member
hi,

I have just transfered my H1 visa to a new company and had recieved my papers. My old visa will be expiring on feb 28 and unfortunately I had not transferred my wife's H4 at the same time but now my company had submitted her papers to the INS for transfer. Unfortunately till now I have not recieved any reciept or any other document from the INS nor from the lawer and her H4 visa will be expiring on feb 28. Hence my question is can she stay here after Feb 28 legally if no response comes from the INS till the expiry date or she has to go back to her home country and return back when her new transfer papers come. Any type of help would be appreciated.

thanks
iffubhai
 
So basically you applied I-539 for your wife ..
When did you filed (your lawer or your company) ..The receipt notice is enough to stay her in usa.. But this I-539 should be filed before her I-94 expire .. I belive they filed before that ..So wait for the receipt notice and you can send both your passport for revalidation.
Or Ask your lawer or your company to give receipt notice of I-539


I have just transfered my H1 visa to a new company and had recieved my papers. My old visa will be expiring on feb 28 and unfortunately I had not transferred my wife's H4 at the same time but now my company had submitted her papers to the INS for transfer. Unfortunately till now I have not recieved any reciept or any other document from the INS nor from the lawer and her H4 visa will be expiring on feb 28. Hence my question is can she stay here after Feb 28 legally if no response comes from the INS till the expiry date or she has to go back to her home country and return back when her new transfer papers come. Any type of help would be appreciated.

thanks
iffubhai [/B][/QUOTE]
 
Did your attorney send you a courtsey copy? That might have the USPS/courier tracking no. See if you can track the receipt of the package by the service center.
 
Last edited by a moderator:
Thanks Alren & Kishuibm,

I had contacted my company and they say that they had filed for my wife H4 this Feb 14. They had even contacted the Lawyer for the reciept but the Lawyer had not recieved any reciept so far, Hence I am a little bit worried about it since her visa would be expiring on Feb 28. The company people told me that she can stay here for about 60 days even after her visa expires and in that period also the company can file for her. I really donot have any idea regarding that. Any help in this matter would be really appreciated.

thanks
 
You need to get the receipt notice before Feb28 . Otherwise you will be in problem .. Ask them seriously about the receipt notice ..
who said its not a problem filing I-539 after I-94 expire.. Its a big problem .. Earlier it was ok.. But now they are taking it seriously and you wife H4 extension will be denied .. and she will be barred from usa for about three year if she stay more her I-94 period ..

Originally posted by siirfan
Thanks Alren & Kishuibm,

I had contacted my company and they say that they had filed for my wife H4 this Feb 14. They had even contacted the Lawyer for the reciept but the Lawyer had not recieved any reciept so far, Hence I am a little bit worried about it since her visa would be expiring on Feb 28. The company people told me that she can stay here for about 60 days even after her visa expires and in that period also the company can file for her. I really donot have any idea regarding that. Any help in this matter would be really appreciated.

thanks
Click to expand...
 
If you have doubt that lawyer or employer has not filed her H4 extension then directly file her H4 extension before her I-94 gets expired
Fill up the form I-539 attach your wife copy of I-94 (both the sides), her passport pages attach YOUR H1 approval copy and copy of Your I-94 (both the sides) and your 2-3 recent pay stubs copy and on Form I-539 ask the H$ extension date till YOUR H1 approval notice, attach check for USCIS $ 140 and mail the package to USCIS service center ASAP and out side the envelope write in bold big letters: Form I-538 for H4 extension.

---- If you are sure that your employer/lawyer filed H4 extension for her then the Fees check that was cashed has the receipt # at back ask for the copy of Cashed check from lawyer or employer ( if check was sent by lawyer ask lawyer if fees was paid by employer check then ask employer for the copy of cashed check , if you paid the fees then get the copy of cashed check from Bank. I have seen 2-3 cases where lawyer/employer or employer HR forget to send the extension to USCIS and spouse faced problems
 
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