New I-94 for H4.

A

adibazz

Registered Users (C)
Old member may find this question getting repeated, but I didn't get enough time to search and browse though old messages, so I apologize for that.

Here's my situation: My original H1 (and I-94) was issued on 1999 and valid up to 04/10/2001. Meanwhile in 2000 I transferred my H1, which is valid up to 11/30/2003. I revalidated my passport and my wife's passport at the same time in 2001. Now, as I planned my visit to India this May, I realize that my wife got expired I-94 in her passport. I got my new I-94 valid until 11/30/2003 with my H1 approval.

So, my question is what to do about I-94 for my wife's H4?

She got revalidated H4 stamped in her passport same as my H1, so I guess she would have no problem getting new I-94 while re-entering in US. Are we anticipating any issues? if yes then what to do about it?
 
New I-94 for H4.
.

Here's my situation: My original H1 (and I-94) was issued on 1999 and valid up to 04/10/2001.
Meanwhile in 2000 I transferred my H1, which is valid up to 11/30/2003.
---
I revalidated my passport and my wife's passport at the same time in 2001.
______
Now, as I planned my visit to India this May, I realize that my wife got expired I-94 in her passport.
**** When did your wife I-94 expired? I hope you have not extended her H4 status by filing I-539 from INS/BCIS, that way she could have got her newI-94 with H4 extension
I got my new I-94 valid until 11/30/2003 with my H1 approval.
---You don’t have problem
so, my question is what to do about I-94 for my wife's H4?
**** When did her I-94 expire? You got her visa stamp revalidated, Visa stamp is not STATUS, I-94 gives the status to remain in US, if she stayed more than 6 months with expired I-94 then she is in trouble.

She got revalidated H4 stamped in her passport same as my H1, so I guess she would have no problem getting new I-94 while re-entering in US. Are we anticipating any issues? if yes then what to do about it
*** Depends on the above question and your reply
 
Ginnu,

I have no idea about I-539. I thought by revalidating our PP with new H1/H4 is the only thing we need to think about. Her I-94 got expired on 04/2001.

Now, what are the consequences? And what are the options ?

Will appreciate your suggestion.

Adi ..
 
1 When you transferred your H1 in 2001, it means you transferred your H1 to new employer

2 That time did your employer/ Lawyer filed for H4 extension of your spouse with your Papers to INS. (If she was in USA at that time then only you can file for H4 extension with form I-539 and your wife signature is needed on that form).

3 Did you get only your H1b approval notice with new I-94 attached?

4 Did your wife also have H4 extension approval notice, if yes did she check her approval notice, the new I-94 should be attached to her H4 extension.
5.When you revalidated her H4 visa stamp with your H1b visa stamp from department in 2001 did she had attached I-94 to her passport? If yes what was the Expiry date of her attached I-94 at that time.

6 Check her passport and what is the Expiry date of her H4 visa sticker in Passport and what is your H1B Visa sticker expiry date.

7 if Her I-94 got expired on 04/2001 and she has no other valid/extended I-94, then I hope her stay in US was ILLEGAL from 04/2001 and she stayed illegally more than 180 days and 3-year bar starts as she stayed more than 1 year,10 yeas bar. She will not be able to get any kind of US visa for 3 or 10 years Depending upon her illegal duration of stay in US .
 
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What next ?

1 When you transferred your H1 in 2001, it means you transferred your H1 to new employer

--Yes

2 That time did your employer/ Lawyer filed for H4 extension of your spouse with your Papers to INS. (If she was in USA at that time then only you can file for H4 extension with form I-539 and your wife signature is needed on that form).

--As I said I am not aware of I-539. I simply sent her PP with my PP to St. Luise and they revalidated it with new H1 and H4. No signature required !!

3 Did you get only your H1b approval notice with new I-94 attached?

--Yes

4 Did your wife also have H4 extension approval notice, if yes did she check her approval notice, the new I-94 should be attached to her H4 extension.

--No H4 extension approval notice and NO new I-94

5.When you revalidated her H4 visa stamp with your H1b visa stamp from department in 2001 did she had attached I-94 to her passport? If yes what was the Expiry date of her attached I-94 at that time.

--Yes She did attach her original I-94 expiring in 04/2001 and I sent her PP for revalidation on 08/2001.

6 Check her passport and what is the Expiry date of her H4 visa sticker in Passport and what is your H1B Visa sticker expiry date.

--Her new H4 visa stamp says expiry date 11/30/2003 which is same as my H1.

7 if Her I-94 got expired on 04/2001 and she has no other valid/extended I-94, then I hope her stay in US was ILLEGAL from 04/2001 and she stayed illegally more than 180 days and 3-year bar starts. She will not be able to get any kind of US visa for 3 years.

??????????? I wonder if I didn't apply with I-539 (as I said I was not aware of it) how come her PP got revalidated with new H4? and that too I sent for revalidation after I-94 expired !!

??????????
 
If Her I-94 got expired on 04/2001 and she has no other valid/extended I-94, then I hope her stay in US is ILLEGAL from 04/2001 and she stayed illegally more than 180 days and 3-year bar starts. She will not be able to get any kind of US visa for 3 years. She has only valid Visa stamp, NOT valid I-94 to stay in US, It is I-94 that gives her legal status to stay in US NOT the visa stamp. She is staying Illegally in US. For many visitors like B1/B2 they get 5 years or 10 years Visa stamp, the Visa stamp is to appear at POE and ask for permission to Enter US they are given I-94 for maximum 6 months if they want to stay more they have to extend it by filing form I-539 to INS/BCIS and should get new I-94, it does not mean that if they have Visa stamp for 5 or 10 years they can stay till the Visa stamp. Your wife lost the status given to her on I-94, the date her I-94 expired she lost that status of H4. Stamped visa does not give her permission to stay in US with out valid I-94. She is in trouble.
Immediately Contact good Immigration lawyer and post here what he/she says
 
Ginnu, do you think good lawyers know workaround for even 3 years bar ??? please explain if you are aware of any case like above. Appreciated.
 
I do not think lawyer can do anything now as they go by law and canot change INS/BCIS law, lawyer may have options if something is in the law to overcome 3 years bar; for his/her peace of mind and for next best possible step he/she should seek legal advice as I am not lawyer nor pretend to be.
 
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--“Yes She did attach her original I-94 expiring in 04/2001 and I sent her PP for revalidation on 08/2001.”

I could not understand how department Revalidated her Visa stamp because he sent her passport for revalidation on 08/2001 and she had I-94 expiring in 04/2001(her I-94 was already expired at that time) How did she have new extended Visa stamp with out valid I-94 when passport was sent for Revalidation?

Department of state Visa Revalidation also does mistakes in stamping the Visa and many have got wrong dates on Visa stamps and then got corrected, one of my friend applied for Visa revalidation in 2002 and his H1b transfer Approval notice was valid till September 2003 and attached new I-94 was also valid till September 2003, but department stamped his H1B visa till 2006, that was a mistake because by law his Visa stamp can only be renewed/extended till the validity of I-94 and new H1b approval notice. He noticed that wrong date and sent back the passport to correct the Visa stamp expiry date and received the Passport back in 7-8 days. One has to be care full and always check the I-94 date and Visa date on PP

If I am not wrong,She has stayed more than 1 year Illegally in US (I-94 expired 04/2001 and now it is 4/2003) with out valid I-94 and she may be subject to 10 years bar.
 
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The DOS and INS do not coordinate well. The DOS' purpose is to issue visas so that the person can enter the US. Once the person enters, then it becomes the responsibility of the INS to make sure the person is maintaining valid status. A lot of people think that revalidating H4 visa stamp by the DOS extends their stay, but only the INS can extend a person's stay (I think). In this particular case, the DOS could have thought that the person had a pending I-539 with the INS. Hopefully the bureaucracy will be streamlined in the future to prevent this.
 
Got new I-94 for whole family.

Did travel back to home country with family and entered USA again with new I-94 for whole family. Was mentally prepared for "entry denied" for wife an daughter, but immigration officer didn't ask any question.

Thanks everyone for your suggestions.
(Left a PM for you "confusedesi")

Adi ..
 
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