H4 stamping for my wife and kid

raj_raj_raj

Registered Users (C)
Dear Friends,

I have some concern to get visa revalidation for my wife and kid.
My H1 has expired Feb 2002. So my depandants visa also expired automatically(Feb 2002). Now I got new H1 which has been appoved by the INS. I got new I-94 also. I am going to send that to St.Louis for visa revalidation for me. Now my problem is

1. My wife and kid have old I-94 which is given when they entered in US. That is now invalid. Their visa also expired.

2. How to get the I-94 for my depantants.

3. If i send their passport with the old I-94. Will they get visa in st.louis.

4. If they get visa from St.louis. Is it enough to stay here. with out new I-94. Is it legal ?

Please let me know. Other wise I need apply separate H4 for them to get the I-94. its a urgent issue. Please help me to come out of this problem

Thanks
Raj
 
I have some concern to get visa revalidation for my wife and kid.
My H1 has expired Feb 2002. So my dependant’s visa also expired automatically (Feb 2002). Now I got new H1, which has been approved by the INS. I got new I-94 also. I am going to send that to St.Louis for visa revalidation for me. Now my problem is

1. My wife and kid have old I-94, which is given when they entered in US. That is now invalid. Their visa also expired.
*** They are staying illegally in US
2. How to get the I-94 for my dependants.
When you filed your H1B extension why you did not file for H4 of dependent extension? That way they could have got the H4 extension with new I-94 till the new H1b validity of your approval. Now you can not get new I-94 for them as they have stayed illegally more than 1 year in US
3. If I send their passport with the old I-94. Will they get visa in st.louis.
****NO, they will NOT get Visa as they are staying illegally in US

4. If they get visa from St.louis. Is it enough to stay here? With out new I-94. Is it legal?
***They will NOT get H4 visa stamped from St.Louis as they are staying illegal here, they don’t have any status in US, the status expired when I-94 expired in Feb2002,
Please let me know. Other wise I need apply separate H4 for them to get the I-94.

Your dependents visa and I-94 expired in Feb2002, they have stayed more than 180 days illegally in US, they will NOT get any extension of H4 or any Visa for US as the bar for 3-10 years will hit them.
You should speak to good immigration lawyer immediately he may have some guidance.
 
Sorry I typed wrongly the year

Their visa got expired on Feb 2003 not Feb 2002. Just two months before. Please let me know. What to do now.

Thanks
Raj
 
“Their visa got expired on Feb 2003 not Feb 2002. Just two months before. Please let me know. What to do now.”

They are staying illegally in US, they have no status as H4 and I-94 expired in Feb 2002. The best option is to buy a ticket and send your wife and kid to India; they should get new H4 stamped in India then come back.

In the past INS has forgiven this kind of cases and extended H4 when Extension for H4 was filed through I-539 and Lawyer drafted a letter and INS treated it as innocent mistake and extended H4.
But now BCIS has Zero tolerance policy, if you apply through lawyer then if denied it means they will be staying illegally and all the presence will be unauthorized
H4 extension takes more than 3-4 months depending on service center
If h4 denied then 2 month+ 4 month it will be 6 months stay and if they stay more than 180 days illegally then 3 year bar will hit, don’t take the chances,It not a good time to take chances with BCIS. you can discuss with good immigration attorney. If I am in your position I will buy a ticket and send them to India.
 
Thanks for ur your advice

I will book a tickets and send them to India. They will get stamp in India. Thanks for your valuable reply.

Thanks
Raj
 
Need some more suggestions

Dear Ginna,

Based on your suggestion. I already booked the ticket for my family. They are leaving from this country tomorrow.

1. If they go for stamping in India. Do they have any problem ?
2. Is it any way to make that days as a valid through lawyer ?
3. If I get stamping here ( St.Louis ) How many days it will take ?
4. Can I go to India and get stamping together with my family ?

Please give suggestion. Which is the best way, Can I do ?


Thanks
Raj
 
Need some more suggestions

Dear Ginna,

Based on your suggestion. I already booked the ticket for my family. They are leaving from this country tomorrow.

1. If they go for stamping in India. Do they have any problem ?
2. Is it any way to make that days as a valid through lawyer ?
3. If I get stamping here ( St.Louis ) How many days it will take ?
4. Can I go to India and get stamping together with my family ?

Please give suggestion. Which is the best way, Can I do ?


Thanks
Raj
 
Dear Ginna,

Based on your suggestion. I already booked the ticket for my family. They are leaving from this country tomorrow.

1. If they go for stamping in India. Do they have any problem?
---- I don’t think they will have any problem in getting H4 in India, as they have not stayed more than 180 days with out Status (surrender the I-94 at airline counter before departure and keep the copy of I-94 both front and back for your records for future)
2. Is it any way to make those days as a valid through lawyer?
---I don’t think Lawyer cannot make the days valid
3. If I get stamping here ( St.Louis ) How many days it will take ?
Minimum 80-90 days from sending your passport at this time
4. Can I go to India and get stamping together with my family?
YES

Ginnu
 
Thanks Ginnu

Based on your suggestion. Now my family is in India. They reached safely with out any problem in Airport. I have the copy of the I-94 .

I am trying to get leave from my work , then I will go and stamp in India. Else I will get here and I will send them to them to get stamp over there.

Thanks for your valuable suggestion in time . I appreciate your help. Long Live, God bless you and your family.

Thanks
Raj
 
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