Jaxen , experts - pls help

A

ay1234

Registered Users (C)
Hi,

I had applied for H1 transfer in Oct 2000, at that time my wife was in india. Did not receive the transfer approval till Feb 2001. My wife got visa stamping done with my previous employers 797 approval notice and came to the US. In July INs sent me the approval as a new H1 and not transfer. Went to India in July 2001 and got my stamping done. My wife is still holding visa stamping of previous employer which is valid thru Dec 2002. My new H1 is valid upto Jan2003.

1. Is my wife out of status?
2. When I now apply for my H1 extention, can i include my wifes name for H4 also? Will I have any problems.

Thanks
AY
 
A way out

Yes your wife might be out of status. U should have done your wife's h4 stamp during July 2001.

One way out might be , filing of I539 (which is used to extend H4) for your wife NOW for the previous extension/latest h1.
Then, when you file for your new h1, file another I539 (along with your I129s) for the transfer.

Although her status is determined by your H status, she needs documentation in line with your status all the time.
 
thank you for your guidance

Thank you Jaxen

She was unable to fly in the month of July 2001 and couldnt get the visa stamping done (I wonder if I could have just taken her PP and get a stamping done ... lol) .

I was going thru the I539 filing instructions and it said "you must submit the application for extention/ change status before your current authorized stay expires". Therefore I hope she is not status and INS will accept and approve the 539 application. Now some more questions:

a. Do I need attorney for this?
b. What docs are needed (marriage / birth cert also?)
c. Who is the applicant on this form, me or her ?

I think you are doing a great public service and everybody should appreciate this.

Ya da best !
 
consult an attorney

given your circumstances that is the for the best...

maximum that can happen in this case is that INS will give H4 status and ask her to go out and get a new I94. I will suggest to either file I539 or go and get a h4 stamp immediately.. Do not waste any time.
 
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