I94 expired for H4 , Need to apply for H1

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sameer1

New Member
I am on H1b Visa and my visa expired on Feb 15th 2007.

My employer filed for an extension on January 3rd 2007 and I have not yet received the extension.

I thought my wifes H4 would be extended automatically.

Her visa expired on feb15th 2007 and I 94 expired on Feb 25th 2007. I just realized I needed to file for her extension along with mine.

We need to file for her H1B visa in April.

What can I do ? Can I apply right now for her H4 visa extension and then bump the H1 and h4 together into premium processing ? Because, for H1 visa appplication, you would be needing a copy of I94.
 
Your wife is accruing illegal presence and after 180 days will be subject to the 3-year re-entry bar. She needs to see an attorney, NOW.

By and large, the safest solution probably would be to leave the country, and then get an H4 after your H1 extension is approved.
 
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