H4 Visa Problem: Urgent: Please Help

R

rs_nyuser

Registered Users (C)
Hi,
I have a unique problem with my wife's H4. We got approved for 7th year and my employer recieved H1 notice which he forwarded to me. We were suppose to recieve H4 for my wife at our address but we were in middle of move and it so happened that H4 approval went back to CIS. We called in and requested a copy and they sent back a notice saying that we need to apply I-824 which we did and today when i checked the status on CIS website it appears approval for such notice takes 150 to 999 days. My wife's and my old I-94 has expired in may 04. New I-94 which is part of approval notice for my wife is not with us (as it went back to CIS and we are going through all this). My wife needs to travel to India, we are confused as to what do we do.
Can she get her H4 stamped based on my H1(in india like we did before), or will they need H4 since it was applied for?. Will it cause any problems in future if she did get stamped?.
As we generally surrender I-94 while going, will her expired I-94 record cause a problem while coming back at Port Of Entry.
Also we have a H1 petition that we filed for her recently( 1 week back, dont know if it affects all this or it gets affected by all this).

Please Help.
 
dont worry. not a serious one.

rs_nyuser said:
Hi,
I have a unique problem with my wife's H4. We got approved for 7th year and my employer recieved H1 notice which he forwarded to me. We were suppose to recieve H4 for my wife at our address but we were in middle of move and it so happened that H4 approval went back to CIS. We called in and requested a copy and they sent back a notice saying that we need to apply I-824 which we did and today when i checked the status on CIS website it appears approval for such notice takes 150 to 999 days. My wife's and my old I-94 has expired in may 04. New I-94 which is part of approval notice for my wife is not with us (as it went back to CIS and we are going through all this). My wife needs to travel to India, we are confused as to what do we do.
Can she get her H4 stamped based on my H1(in india like we did before), or will they need H4 since it was applied for?.
yes she can get h4 based on your h1 in india. take print out of h4 approval from uscis website (case status). if you file for duplicate h4 then keep it safely for your records.Will it cause any problems in future if she did get stamped?. no
As we generally surrender I-94 while going, will her expired I-94 record cause a problem while coming back at Port Of Entry.
NO. sometime by mistake people give old expired i94 while leaving. uscis has records to check her status. have a print out of online approval status message and a copy of the h4 reciept notice and explain the poe office when asked for. nothing to worry.
Also we have a H1 petition that we filed for her recently( 1 week back, dont know if it affects all this or it gets affected by all this).

Please Help.
Click to expand...
 
problem still persists

Hi saigc,
Thanks for your reply. My employer arranged a phone conversation with one of Shiela Murthy's lawyers. As per her she does not recommend travelling to India without the actual approval notice. She feels there is a chance of her getting stuck as this is a 7th year extension. If it was regular 6 year quota it should have been ok. Is there any way that we can get that approval notice i mean any Imigration Office Appointment or anything like that. Also i forgot one thing was they goofed up with her Reciept Notice also. We never recieved one. We are in awkward position as far as it could get.... please help

Thanks in advance.
Rajesh
 
If your in awkward position - use logic.
1. You don't have the approval notice for your wife.
2. You don't have the receipt.
3. You are on the 7th year.

Why risk it by going to India?
 
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