H4 validity

S

sarkis

New Member
I AM ON H1B VISA WITH COMPANY Y NOW. MY WIFE OBTAINED H4 VISA, WHEN I WAS IN COMPANY X. AND THE STAMPING ON HER H4 VISA WAS VALID TILL OCT.2001. I DID NOT GET A NEW VISA FOR HER WHEN I CHANGED TO COMPANY Y. BECAUSE, I WAS TOLD THAT NEW STAMPING IS NEEDED ONLY WHEN ENTERING INTO THE COUNTRY - BUT I DIDN'T REALIZE THAT IT IS CONTINGENT UPON HER HAVING A NEW H4 VISA FOR THE NEW VALIDITY PERIOD; ALSO, I WAS TOLD THAT "H-4 nonimmigrant alien continues to remain in valid nonimmigrant status as long as the principal alien remains in a valid nonimmigrant status".


MY QUESTION NOW IS :
A) WHETHER SHE IS OUT OF STATUS;
B) SHOULD I APPLY FOR A NEW H4 STATUS RIGHT NOW; IF SO, WILL THERE BE ANY QUESTIONS/LEGAL COMPLICATIONS.
C) OR IS IT SUFFICIENT, IF I APPLY FOR HER H4 VISA IN A US CONSULATE, WHEN WE GO TO OUR COUNTRY OF ORIGIN;

I WOULD REALLY APPRECIATE YOUR INFO. ON THIS.

THANKS;
 
Best course

There are differing opinions and practices about this issue.(See archives)
The best course for you would be to go to home country and get the new h4 stamp and avoid raising of any flags anywhere.
Also consult an attorney regarding this issue for any other recourse.
 
H-4 validity

The status of the H-4 visa holder is dependent on the status of the principal H-1 holder. In order to be in status the dependent must have a vallid I-94 at all times.

Persons who are out of status at the time of filling for an extension, will not have their applications approved with the INS, unless they are able to justify late filing. If a person cannot justify a late filing of an extension, he will have to apply for his visa in his home country.

It should be noted that persons who are in unlawful status for significant periods of time (181 days or more) may be subject to new grounds for inadmissibility upon their departure from the US. Such persons are ineligible for nonimmigrant or immigrant visa issuance for three to ten years, depending on the length of the period of unlawful presence.
 
What if the H4 was filed after 30 days of i94 expiry

Anna,

My wife's H4 was filed about 20-30 days after the I94 had expired. INS had cashed the check for this H4 extension petition
when I contacted my attorney, I was told not to worry as they had checked with INS and someone was working on the case and I had filed in time( within 180 days )

I have even had Jaxen suggest me before that my wife should go home and get the stamping done there, to avoid trouble.

I am all confused now, looking at your reply.

Could you please suggest, what is the right thing to do!! - Do I need to consult an Attorney on this? or just wait for thre h4 to come? or send my wife home for the H4 extension?

its been almost 180 days since the expiry.

I would highly appreciate it if someone can reply for this.

Thanks
R
 
same problem

Hi sarkis,

same problem with me too, all confused what to do ? we did not know dependants status also needs to be adjusted according to h1 at that point of time. h4 expired last oct and a little different with me, have h1, but not working. I think we can get connected off the board about this prob. My email id is ur1966@hotmail.com

confusedesi
 
You must log in or register to reply here.
Top