I 539 not applied- help pls

R

ram48335

New Member
I applied for my H1-B extension in 2004 which was approved till
Jun 2007. However, I did not file an H4-extension application (I-539) for
my wife and son, neither my employer nor my lawyer
informed me of this requirement and I was ignorant about this.

We recently discovered that my wife has been out of status since
Apr'06 and my son since dec '04.

If I apply I 539 will it get approved and will there be a problem in getting the visa stamped for them.

What are the consequences of this and how can I correct this issue?

Please help me and advice.
 
ram48335 said:
I applied for my H1-B extension in 2004 which was approved till
Jun 2007.
However, I did not file an H4-extension application (I-539) for
my wife and son,
neither my employer nor my lawyer
informed me of this requirement and I was ignorant about this.
------------ it was your duty to inform the lawyer that you have H4 dependents and need to extend the status for them
We recently discovered that my wife has been out of status since
Apr'06 and my son since dec '04.

If I apply I 539 will it get approved and will there be a problem in getting the visa stamped for them.

What are the consequences of this and how can I correct this issue?

Please help me and advice.
Click to expand...

------------ your wife should depart US as her illegal stay has not hit 6 months. your son has problem illegaly from Dec 04. go to goood lawyer ASAP and seek legal advice
 
Minor kids are not subject to penalty due to overstay, however, you should talk to lawyer what to do.
 
Thnaks Ginnu and GotPR
I discussed with my attrorney and they advised my wife and son to leave to India and get the visa stamped and get back with new I 94 at POE.
I am worried that chennai consulate would issue visa without issues? what can I expect and how should I convince when they raise the point of overstay?
Thanks again for your help and advice.
 
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