my H4 expired more than 6 months back...

H

helloruma

New Member
Hi,
I came to US on H4 visa, accompanying my husband who is on H1B visa. On Oct 2002, our I-94 and Visa expired. His employer filed for my husband's extension and he got his H1 approval 2 days back. Now, when we got his H1 then we came to know that they should have filed seperate H4 for me. They missed that & they accept this is their fault, but it has been more than 180 days since I am out-of-status.
What possible options I have? Is there a way I can convince INS that this was my company's fault, pay some penalty and make my record straight?
My husband's company says they can file for my H4 now, but its going to take few months to know INS reaction. Is there chance I might be denied H4, when his company is putting that on paper that it was their fault. What effect this is going to make when I go back to my country and return to US (assuming I get new visa)
Please someone ...give me some idea...


thanks a lot..
 
Get a good Immigration Lawyer ASAP

this is from a chat with sheela murthy..
http://www.murthy.com/h1bfaqs.html

Question 9. I was on H1B and my spouse was on H-4, but no one told us we had to apply separately to extend her H-4 status. She has been out of status for over 8 months. What can I do? TOP

Contact an immigration attorney immediately. This is a very difficult situation and you need assistance in developing a plan of action and understanding the risks and issues involved with each option.

There is a strong likelihood that the 3-year or 10-year bar could apply against the spouse for failure to maintain lawful status beyond 180 days. According to the INS, ignorance of the law is never a valid excuse.

This problem often occurs when the spouse would have applied for the visa stamp at the consulate for the first time and entered the U.S. based on the visa stamp and the I-94 card issued by the INS officer at the port of entry to coincide with the principal H1B holder's approval notice date. At the time of filing the H1B extension, many people assume that all dependents are automatically included. This is not the case.
 
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We have contacted company lawyer. They are working on this and probably file for H4 extension petition today. Has someone seen similar cases in which H4 expired more than 180 days back? What did INS did in reply of this petition? My company & lawyer have admitted that this was their fault, but point is, based on that letter of admittance from lawyer, still INS might bar me from entering US for 3/10 years?

Has anyone been in this situation recently? I am dying to know the response from INS. I believe, office of Mr. Khanna must have dealt something like this... can I expect a answer from them...please...

Thanks a lot.
 
My H4 and i-94 got expired on feb2003 and my husbands company failed to apply it for me in time. We applied for h4 extension(i-539) with the help of our attorney of may3 rd,2003(still waiting for the receipt).

Most of the people who have been in such situation before and many of the other attorneys have advised me to goto to home country and reapply for a new visa considering the fact that your appproval or denial for i-539 may come late surpassing your 180 days.

But in your case, i would tell you to follow your lawyers advice strictly and if poosible to avoid leaving the country and sought out the problem here(since your overstay has been above 180 days and leaving will cause your to be barred for 3 years).

Since i am in the same situation, we can exchange views and information.you can contact me at bala_reddy@hotmail.com

Kavi
 
NO help from lawyer too...

Ultimately the lawyer will say- leave the country as soon as possible OR
1. Ask spouse to apply for GC and until GC approval dont leave US
2. Pray to god to get another 245(i) passed for the period you were out of status.

Every minute you are here is accumulated out of status time. Think long term. Discuss all the options with a lawyer (get a second opinion too)
 
Thanks Kavi and Jaxen for respoding... How can we apply for GC if I am out of status.. that too for more than 180 days? And, if we apply, it would take around 3-4 years to process in Texas center, right?

And, this getting barred is for next entry, right? Is there any BCIS law which can force me out of country now? assuming, we get barred/denied petition?

thanks a lot.... do post your views...

thanks.
 
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If your spouse or other relatives have a GC case, then you have a chance. Otherwise it is wiser to leave the country and honestly try from outside (dont try the very next year...)
 
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