I am here on a H1B visa. My spouse is dependent on me and hence here on a H4 visa. When I shifted companies last year and filled out the paper work for me and my wife's new visa, my employer filed only my visa and never informed me that they have not filed for her visa. Hence I have a valid visa and I-94 until Sep 2003, while my wife was out of status without our very knowledge by the end of last year. As of now she has been out of status for 7 months. Needless to say, this is putting us in a great deal of trauma. Hence, my attorney is trying to do the needful. She said she is going to file an affidavit and enquire with the INS as to what needs to be done.
What do you recommend the attorney do provided the fact that I have had a valid status all the time and the fault is on the company for not having informed me that they forgot to file for her extension?
How is that I can rectify the situation?
What do you recommend the attorney do provided the fact that I have had a valid status all the time and the fault is on the company for not having informed me that they forgot to file for her extension?
How is that I can rectify the situation?