H4 Status Problem and ReValidation

G

GGuy

Registered Users (C)
Situation

In Aug 2003, my employer filled for my H1 extension and forgot to file for my wife’s H4 extension. My wife was out of status and illegal for 90 days during Aug 2003 – Nov 2003.

In Nov 2003, applied for my wife’s H4 extension and got the approval with out any problem.

Question

1. Did any one experience the same situation and able to get visa revalidation from Chennai consulate?

2. How she answer ‘YES’ to the following question in the DS-156 form item 38

Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?

3. Is it safe for us to go to Canada for visa revalidation? ( I don’t have a U. S degree)

Guys, Please share your thoughts on this.
 
GGuy said:
Situation

In Aug 2003, my employer filled for my H1 extension and forgot to file for my wife’s H4 extension. My wife was out of status and illegal for 90 days during Aug 2003 – Nov 2003.
it is your responsibility to file h4 extension and you should have addressed this to employer when they file your h1.

In Nov 2003, applied for my wife’s H4 extension and got the approval with out any problem.
strange and its uscis mistake. check your h4 approval notice. usually they dont attach i94 to the approval notice for these type of cases (meaning you have to exit and enter with proper visa). if it dont have h4 then exit out of usa after consulting with your lawyer.

Question

1. Did any one experience the same situation and able to get visa revalidation from Chennai consulate?

2. How she answer ‘YES’ to the following question in the DS-156 form item 38

Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?
one will get debarred for 3 years if they overstayed for more than 180 days and 10 years if its more than 1 year. check your approval notice and talk to a lawyer immediately. gray area is that uscis is not supposed to approve extension/change of status when they overstayed the visa.

3. Is it safe for us to go to Canada for visa revalidation? ( I don’t have a U. S degree)
NO
Guys, Please share your thoughts on this.
Click to expand...
 
Thanks for your response.

I Agree. It’s my responsibility to take care of my wife’s H4. The problem is, my employer misinformed me saying that it was applied along with my H1 extension (it was not really). It was an oversight from my employer office.

Yes, she got the I-94 attached with the approval. After this incident happened, I changed my employer and filled for my wife’s H4 along with my H1. She got the extension second time without any problem.

If first time approval was a mistake, do you think they would do the same second time also?.

Since she has got the H4 extension and I-94 two times after the overstay, she was excused ?
 
GGuy said:
Thanks for your response.

I Agree. It’s my responsibility to take care of my wife’s H4. The problem is, my employer misinformed me saying that it was applied along with my H1 extension (it was not really). It was an oversight from my employer office.

Yes, she got the I-94 attached with the approval. After this incident happened, I changed my employer and filled for my wife’s H4 along with my H1. She got the extension second time without any problem.

If first time approval was a mistake, do you think they would do the same second time also?.

Since she has got the H4 extension and I-94 two times after the overstay, she was excused ?
Click to expand...
--- your wife was and is in Status ( earlier out of status of 90 days has been forgiven by USCIS, lawyer may have written the reason not to file H4 extension timely in coverletter )
 
Ginnu,

Thanks for the insights. I also think that’s the case and I remember my wife had to fill out a form G-28 for attorney representation while applying for H4.

Please provide your thoughts on these

1. How should she answer the following question in the DS-156 form item 38

Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?

2. Is it safe for us to go to Canada for visa revalidation? ( I don’t have a U. S degree)
 
GGuy said:
Ginnu,

Thanks for the insights. I also think that’s the case and I remember my wife had to fill out a form G-28 for attorney representation while applying for H4.

Please provide your thoughts on these

1. How should she answer the following question in the DS-156 form item 38

Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?
--answer will be NO as her H4Extension was approved by USCIS with I-94 attached
2. Is it safe for us to go to Canada for visa revalidation? ( I don’t have a U. S degree)
Click to expand...
------ if you go to Canada or Mexico and APPLY for Visa stamp and it got rejected then you will not be able to enter US from Canada or Mexico and will need to go directly from Canada to your home country to get Visa stamp and then enter US.nobody can say it is Safe or not safe, it all depends upon the Consulate officer
many have got H1, H4 stamped from Toronto, Ottawa, search the threds and read the experirnces.
** if you and your wife have valid I-94 then why you need Visa stamp? you can stay in US till your I-94 validity if on H1 then also can work without Visa stamp. next time when you go to your home country you can get Visa stamp from US consulate
 
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