Help! Is my spouse out of status?

S

ss72us

Registered Users (C)
Hi all,

Please let me know if the following scenario is considered as Out of status. Here is the sequence of things happend!!!

When my wife came to US on H4 visa. It was valid for 6 months (upto 1st Apr 99). Mean time I got my H1 renewed. So just two months before expiry of my H1 and her H4 (i.e. in the first week of Feb 99), I sent our passports for stamping to Visa Dept in US. We got our passports stamped(mine for H1 and my wife\'s for H4). The visas were stamped on Apr 4th 99. So is my wife considered to be out of status for those 4 days gap. Because I never applied for H4 extension for her. I directly sent her passport for stamping of H4 visa. till now we have not run into any problems. Later she got H1, now is on EAD. Do U all think this is considered as out of status? If yes, is there any way to rectify it? thanks in advance...
 
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SS72US,

The most important thing which determines the status is the I-94. What is the expiry date on the I-94? Most likely it would have been valid only for 6 months. Which means your wife does not have an unexpired I-94. You must have got a new I-94 which expiry date matching your H1 petition extension. So it seems your wife was out of status till from the expiry date of I-94 till she got a new I-94. Best bet would be to consult an attorney!

Good luck!
 
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GC_SS,

As you said, there was no new I-94 when her H4 was renwed. Later after couple of months she applied for H1 (H4 to H1) with an expired I-94 & a valid H4 stamping, and got the H1 with no problem. there was an I-94 attached to it. So Don\'t you think INS would have rejected her H1 if it considered my wife as out of status?
 
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ss72us,

I think she is out of status for those couple of months... Please look in to the dates clearly and consult your attorney (any way upto six months/180days INS might not take serious).

Whatever INS did during H1 is different and that doesn\'t stop them troubling her present case. No need to be panicky but be prepared.

Best of luck
 
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She will be out of status if her I94 is expired (H4 stamping on passport dosent mean anything in this case). But, you can be out of status for 6 months. Will have problem if you stay even a day more than 6 months (can not come back to US for 3 or 10 years)

Same thing happened to my wife. But, we went out of US and came back again. (To India, because the attorney and airlines people said, the INS wont issue a new I94 if you goto Canada or Mexico. This happened 2 years back. Please verify the latest rules/regulations again)
 
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She is in perfect status. Stop worrying over immaginary problems. Worst case you may be asked to pay a small amount as penalty.for those 4 days. I am not an attorney. Don\'t take this as a legal advice. But talk to your attorney about all these possibilities
 
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Was she physically in the states on 12/31/00? If so, even if she was out of status, as long as you had filed labor certification or I-140 by April 2001, she can still adjust her status in the US.
 
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Hi SS72US,

I agree with "gist". But at these stage, I don\'t think you can do anything. Ofcourse, a lawyer will be able to give you the most accurate advice. I read some of the postings above by "always smile" and "Belal Hassan". If it had been a question of four days, then there was no problem. But I guess, your wife didn\'t have a unexpired I-94 from April 1, 1999 till the date she got her H1!

The rules are very specific. The visa stamp on passport gives you the date until which you can enter the US. The I-94 is the document which tells how long you can stay in the US!

Good luck!
 
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