H4 Visa & I-94 Expired

[ram1975]

Hi,
My wife's H4 & I-94 expired. I am on new H1 and forgot to file her h4 extension. It's been 15 days since her h4 visa been expired and I filed her H4 extension last thursday. Please anwser my below questions:
1) Is she considered as an out of status case?

2) God forbid, What happens if they deny her h4 extension? Does she need to leave the country?

3) Generally for an H1 B situation there will be 30days to file his extension after his/her H1b/I94 expired, does H4 will have similar rules?

I am worried and appreciate your reply.


Thanks

Ram

 

[Bosko_Djurovski]

Hi,
My wife's H4 & I-94 expired. I am on new H1 and forgot to file her h4 extension. It's been 15 days since her h4 visa been expired and I filed her H4 extension last thursday. Please anwser my below questions:
1) Is she considered as an out of status case?

A: Yes. She has been out of status as of the day her i-94 has expired.

2) God forbid, What happens if they deny her h4 extension? Does she need to leave the country?

A: Extension of her stay will likely be denied unless you (or lawyer) explained that non-timely filing was a result of some extraordinary circumstances. In these cases lawyers typically enclose a "Nunc-pro-tunc" letter which, in plain english, means that a retro active aproval is requested.
If extension of stay is denied, she needs to go back to her home country and apply for H4 at the US consulate.

3) Generally for an H1 B situation there will be 30days to file his extension after his/her H1b/I94 expired, does H4 will have similar rules?

A: I am not aware of any grace period for either H1-B or H4 extension. EoS or CoS must be filed and received by USCIS before expiration of previous status.

I am worried and appreciate your reply.

A: I assume that you have an attorney that represents you since this is not a trivial case. If not I'd suggest that you contact one immediately.


Thanks

Ram

 

[sree1965]

Hi,
My wife's H4 & I-94 expired. I am on new H1 and forgot to file her h4 extension. It's been 15 days since her h4 visa been expired and I filed her H4 extension last thursday. Please anwser my below questions:
1) Is she considered as an out of status case?

2) God forbid, What happens if they deny her h4 extension? Does she need to leave the country?

3) Generally for an H1 B situation there will be 30days to file his extension after his/her H1b/I94 expired, does H4 will have similar rules?

I am worried and appreciate your reply.


Thanks

Ram

3) Generally for an H1 B situation there will be 30days to file his extension after his/her H1b/I94 expired, does H4 will have similar rules?
There is no grace period even for ONE DAY now. This was 2 years back...not now.


If her H4 is denied(Probably will)...send her to India within 6 months of H4 expiry and send her to consulate for the new visa. One of my friends wife case happened like this and he finally got new H4 visa in Chennai, India. But beware that you have all the documents(Expecially Paystubs + W2s properly). They asked all the 6 years ORIGINAL Pay stubs as the proof that he is legally working. His case was the 7th year extention case...

Best of luck....