H4 Visa Query

I

infadev

Registered Users (C)
Hello:

here is my situtation:

1. I was on F1 status and applied for my H1 in feb 2004 and got approved. My wife was with me in US when we filed for my H1.

2. My wife was still on F-2 visa (which was valid until 06-11-2004)

3. My company filed for her H4 visa in April 2004.

4. Now there is a query from Nebraska Center and they are asking why did we not apply for her H4 when my company filed for my H1 in february?

My question is that:
a. is it a problem if there is gap between filing my H1 and her H4 while both of us are here in US?

b. Is it safer to withdraw the application and apply for her visa from India(our home country)? If yes, what kind of documents would she be requiring.

Will really appreciate your response.

Thanks
Bobby
 
Okay...let me make my question simpler...

Does it make the dependednt visa holder out of status if there is a gap in applying H4 and applying H1?

My employer did not file my wife's H4 while applying my H1 and delayed it by 1.5 months...does that make my wife out of status?

Help appreciated.
 
infadev said:
Okay...let me make my question simpler...

Does it make the dependednt visa holder out of status if there is a gap in applying H4 and applying H1? ------ Your wife was technically out of status and has accured illegal stay. Talk to your lawyer before it goes out of hand.

My employer did not file my wife's H4 while applying my H1 and delayed it by 1.5 months...does that make my wife out of status? --- Your employer is not responsible for filing H4. Its your responsibility. There may be a way to curtail further damage TALK TO YOUR ATTORNEY........

Help appreciated.
Click to expand...
 
infadev said:
Okay...let me make my question simpler...

Does it make the dependednt visa holder out of status if there is a gap in applying H4 and applying H1?

My employer did not file my wife's H4 while applying my H1 and delayed it by 1.5 months...does that make my wife out of status?

Help appreciated.
Click to expand...

Infadev you must file H4 for your dependents when applying new h1 or renewing existing H1. Extending or changing your status does not automatically extend or chage your dependents status. If you fail to do that then your dependents are out of status. Thanks
 
Hi

Thanks for your responses. Can you explain to me what kind of problems I might face? And will also apprecite your responses on how to lessesn the damages.

Is it recommendable to go to India and get H4 stamped?

Thanks
Arun
 
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