HELP HELP - Urgent

Desi4aGC

Registered Users (C)
I'am facing few problems with my daughter's H4 visa approval. Could you please help me in resolving this issue.

My daughter and my wife came to the US in 1998. They lived with me till 1999 October. Then both of them went for a vacation to India and came back to the US in Feb 2000.

Later, in Sept 2000 we applied for an extension of our H1 and H4 VISA respectively. My daughter's name was included in my wife's I-539 application as a supplement. I think, within a span of 3 months i got my VISA extended upto 2003. And after 2 months, my wife even received her VISA extension approval upt 2003. But i did not receive my daughter's approval at all. All the VISA work was handled by my then employer. When i asked my employer
about my daughter's visa, they always asked me to wait, as INS was taking lot time during that time. They never handed over me even the receipt notice. They gave me the WAC number of my wife's application asked me to contact INS with this WAC number. Even today the automated system at INS says this application was already approved.

I changed my job almost a year back, the new employer applied for my H1 and for my family H4 visa, This time i received my H1 VISA but my wife my daughter did not receive their H4 VISA. But after few days, i received a RFE from INS saying that i need to provide the approval notice of my daughter for the period 2000 and later. I called back my previous employer to find out whether they had received the approval notice. They said they did not receive anything, instead they gave me all the letters they had sent to INS to inform them the non receival of my daughter's VISA. And they also gave the photo copy of the payment check which they had sent to INS. But the documents did not contain the receipt notice. They say they do not have the receipt notice with them.

I sent all the above documents to INS. INS in turn sent me one more RFE asking me to submit the Approval notice or the receipt number or WAC number for that case. Once again when i called my previous employer requesting the documents, he was able to give me the copy of the I-539 application only but not the receipt notice. Later on i called up INS and spoke to them about my case, they blindly told me, they just need the requested documents.

Please tell me how to proceed now.
1. How can i provide INS the Approval Noitce or the receipt notice. Since my previous employer did not receive the approval notice nor carry the receipt notice

2. Was i supposed to get a different WAC number or receipt notice for my daughter.

4. Is it enough if i send the copy of the I-539 application.

5. Is my daughter out of status.
 
If

you are supposed to get a different WAC for your daughter, then your daughter is out of status. You better setup an appointment with a lawyer on your own and try to salvage the issue.

Did you try the track that since your daughter was filed as a supplement, WAC number of receipt is the same?
Not many users of this forum are well versed in this thing and so my advice is to drop everything else you are doing now and go consult a lawyer NOW.
 
You need to look at the receipt notice that you received for your wife's H-4 extension. If the child's name was not included on the receipt notice (look in the middle, it should list applicants) you will need to figure out why. You shill then need to look at the copy of the I-539 that was sent on your wife's behalf. You needed to submit the supplement to the I-539 to add additonal dependants. If you did not send an I-539 supplement to INS, your daughter's H-4 was not extended because you never requested an extension!

You're going to have problems with this either way. This is a mess that needs attention but first it is necessary to find out exactly what happened and why the H-4 was not extended for your daughter.
 
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