Late H-4 extension - file or not file (urgent)

U

unc7uth

Registered Users (C)
Hi All,

My wife - H-4 and I-94 expired in Jan'16 2011 as my company's law firm extended mine H1 and forgot to extend her's.

On April 14, 2011, we filed I-485, adjustment of status with 245(K) as it was within 6 months period and EAD for her as well as I-485 for me. This is when we noticed that I-94 is expired.
I believe her current status is I-485 pending.

We have not received any response yet.

I need to decide whether - I should go ahead and file late extension of H-4 using I-539 now ?
Or, it is better to wait for I-485 response ?

I want to avoid her going back to India to get stamping as she is five months pregnant and want to avoid long air travel. Hence, I am not sure whether filing late extension may trigger the USCIS response that she needs to go back to India to get stamping.

Regards,
VS
P.s. 6 months since I-94 expired will be on July/16/2011.
 
It is NOT the employer's responsibility to extend your wife's H4 - it is your responsibility. Don't blame the employer.

I-485 might get denied since at the time of filing, your wife was not in a valid status.
 
so shall i go ahead and file late-h4 extension...?

How to use the Nunc Pro Tunc for late H-4 extension ?

We have used the 245(K) with I-485 as the violation was less then 6 months.

Thanks a lot,
Vishal
 
unc7uth said:
so shall i go ahead and file late-h4 extension...?
-----Yes, it will be better
How to use the Nunc Pro Tunc for late H-4 extension ?
---Your Lawyer who file H4 extension must know how to use Nunc Pro Tunc . take help of good lawyer

We have used the 245(K) with I-485 as the violation was less then 6 months.

Thanks a lot,
Vishal
Click to expand...
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My lawyer in later I-539 cover letter stated that

- We are apologetic ..and this first lapse be forgiven...
- Due to high pressure work environment .. we could not do timely... etc..

I think it is somewhat weak - but I am not sure.

Do you know - how can the case be made strong for Nunc Pro Tunc ?

Regards,
VS
 
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