H4 VISA problem - need help

[ashokdarsh]

Dear all,

My wife's H4 Visa expired on Dec 31 2002, I transferred jobs & got the new H1 approved & stamped. I didn't know that I had to apply a new VISA for my wife. When I was talking to my attorney, he specified that I have to apply for a new petition & we applied on Feb 3rd 2003.
On May 30th BCIS has sent an REF asking us to povide reason for the delay in applying her petition. We sent the response Today.

The issue is that my wife's 180 day stay will get over on June 29th 2003.
* Will she get in trouble if she over stays in the US after June 29th?
* Can she stay in the country since her petition is pending ?
* will the 180 day grace period apply to her ? or she has to go out of the country before that ?

Any one who's experienced this issue before / anybody who has handled this situation before please help me.. !!

Thanks in advance.

APA.

 

[ginnu]

Dear all,

my wife's H4 Visa expired on Dec 31 2002, I transferred jobs & got the new H1 approved & stamped. I didn't know that I had to apply a new VISA for my wife. When I was talking to my attorney, he specified that I have to apply for a new petition & we applied on Feb 3rd 2003.
On May 30th BCIS has sent an REF asking us to provide reason for the delay in applying her petition. We sent the response Today.

The issue is that my wife's 180 day stay will get over on June 29th 2003.

* IF her H4 extension is denied ill she get in trouble if she over stays in the US after June 29th?
--- If her H4 extension is denied she will be in trouble, If I am in your situation I will immediately send her out of US because staying illegal with out valid I-94 above 180 days will hit 3 years bar for her
* Can she stay in the country since her petition is pending?
--- I will not take the chance as nobody knows if BCIS will approve H4 extension
* will the 180 day grace period apply to her? or she has to go out of the country before that ?
---- The grace period does not apply to her as she has not filed her H4 extension with form I-539 before December 31 or before the expiry of her I-94, BCIS has Zero tolerance policy
Any one who's experienced this issue before / anybody who has handled this situation before please help me.. !!
----- I read 2-3 similar cases (check the previous threads) they sent the spouse immediately out of USA and one of them got H4 Visa stamp in home country and re-entered with H4 Visa stamp and got new I-94