H4 Visa Extension

[raheelsajid]

Hi,
My company extended my H1B visa last November 2001 but never extended my wife's H4. The company lawyers, although knew my marital status but never advised me on extending my wife's visa. I was under the impression that her visa is automatically assumed to have been extended. Before this extension I got Canadian residency for my whole family. So we both are canadian residents and have been in and out between US and Canada a couple of times.

My wife is Doctor and she is planning on getting her residency this year. She may be offered and H1 or J1 (most likely).

Please tell me what are her options.

1) Is there a process for the extension of H4 visa? If yes how long does it take?

2) Is she considered out of status in the US

3) Can we just say that she has been in Canada all this time and only visited me occussionally? Would this help her in any way?

4) If I apply for her H4 extension in this situation would that jeopardize her getting J1 or H1 status?

Any help on any of these will be appreciated.

Raheel

 

[jaxen]

1. Yes file I539 alongwith h1 approval copy.

2. Most probably. What is the expiry date on her H4 I94 ? Did she get Canadian PR before that expiry date? I dont think canadian PRs enjoy the same I94 not required status like canadian citizens. Please check this with INS (website)

3. Even If it is illegal for one day, it will be considered illegal, period. If you think she wont attract any deportation for being out of status for more than 180 days, you might get away with that arguement. But the Onus of proof (rental lease agreements, air tickets other things that will prove that she was in canada) is on you.

4. Dont know because of my limited knowledge on benefits of a canadian PR. But under normal conditions, H4 might be denied or she might invite 3yr or 10yr ban. Even when she applies for her H1 or J1 this might happen. I would suggest consult a different lawyer ASAP.