H4 visa revalidation URGENT Please..

[geewitz71]

Hi,

Please go through my problem explained here and request for your help.

My wife's visa and I-94 expired last month. I have I-797 by my current employer till mid next year. My employer didn't file a separate I-797 for her when he filed mine. Unfortunately, I am also not aware that she needs a separate I-797 untill couple of days before.

Now the questions are :

1) what is the immediate action we need to take?
2) If we apply for her new H4 stamping ( revalidation, here in USA ), with my I-797 and without her I-797 what are the changes that visa gets revalidated?

We request for your help! Please reply.

Thank you..

 

[ginnu]

Hi,

Please go through my problem explained here and request for your help.

My wife's visa and I-94 expired last month.
----- her stay in US after I-94 expiry is illegal and she is out of status from the day her I-94 expired

I have I-797 by my current employer till mid next year. My employer didn't file a separate I-797 for her when he filed mine.
----- Your wife needed to file I-539 for H4 extension BEFORE her I-94 expired, you were supposed to file her H4 extension directly or through company lawyer
Unfortunately, I am also not aware that she needs a separate I-797 untill couple of days before.
----- She needed her H4 ext to be filed timely
Now the questions are :

1) what is the immediate action we need to take?
----- let her go out of US ASAP and get H4 Visa based on your H1 approval and then enter on H4 status. if she stays 6 months illegaly in US then 3 year bar and if stays for 1 year then 10 year bar will start, send her out of US ASAP
2) If we apply for her new H4 stamping ( revalidation, here in USA ), with my I-797 and without her I-797 what are the changes that visa gets revalidated?
------ you are mixing two things Visa Stamp revalidation is done by DOS and Visa stamp does not give you status to stay in US, AS she does not have her H4 extension from USCIS she will not get Visa stamp in US.

We request for your help! Please reply.

Thank you..