Overstay On H-4 Visa Past I-94 Date

[rkg12345]

Overstay On H-4 Visa Past I-94 Date

This query is for a friend who is employed here on H1-B with wife and kid on H4. Their I-94s and their visas were set to expire on 1/31/03. He applied for H1-B extension in Nov 2002 and recently received the approval papers.

Unfortunately, he had assumed that his approval would automatically extend the status of his dependents and therefore no paperwork was filed for them. Now he knows that his dependents are staying here illegally since 2/1/03.

Since the I-94 of his dependents expired on 1/31/03, please advise the best course of action -- stay in U.S. and apply using I-539 alongwith their expired I-94 OR exit the country and go to the consulate in the home country for stamping thus showing the intention of staying legally in U.S.

Also, does anyone know if his dependents could possibly be subject to the 3-10 entry ban, especially if they apply here and the application is denied after a few months, thus accumulating more time in their illegal stay period?

Thanks for your help!!

 

[immi_2003_grat]

Hi rkg12345,
I am also in the same boat, My son is dependent on my wife's H1
and his Visa and I-94 Expired in 30 Sep 2002. My wife's H1 has been sent in aug for Reneval and it is still pending and thought that my son's I-94 will automatically extend. I am trying to find out the same. if you came to know any solution please let me know and I will do the same.
my email id is : immi_gration_2003@yahoo.com

I appeciate any help and suggestions..
regards,
Kush.

 

[mitsubishi49]

H4 and I-94 dependency

Hi,

I have been thru the exact same situation 2 years back. When my H1-B was extended, I received the extension of I-94 with the new H1-B notice. I got my and my wife's visas revalidated thru new stampings. However, I forgot that my wife's I-94 would expire as I safely assumed that her I-94 is also automatically extended. But that assumption was wrong since I-94 extensions for H4 visa holders are required to be filed separately!

Based on the advise from my employer's attorney, I filed for the I-94 extension (form I-539) with INS for my wife, however, it was rejected by INS by saying that this is not an adequate enough reason for INS to approve the I-94 extension.

My wife had to leave the country and re-enter. This is because even though her I-94 was expired, she had a valid H4 visa stamped on her passport. The new I-94 could be issued only at the port of entry. There was no hassle at the port of entry from the INS officials.

My suggestion would be to consult your attorneys to take the next step and act fast! I don't know what kinda effects would 9/11 have caused on this procedure.

Hope this helps you folks.

 

[rkg12345]

Issue resolved!

Hello everyone,

This is a post regarding the current status of this case.

The concerned choze to stay in U.S. and apply for the extension of dependent visas here itself. The approval papers came in within 45 days and there is no gap between the last I-94 and the new one.

 

[exp_h4]

Hi rkg12345,

Could you pl. give some details as I have similar case. - did he file I539 and sent pp, h1 approval copy or original and where ?
did he file himself or thru lawyer ?

Thanks.

 

[armie]

If they apply using I-539 with expired I-94 it will be rejected because they are already out of status. Exit immediately and obtain a stamp at the overseases counsulate. If they overstayed beyond 180 it is considered as illegal presence and they may be subject to a ban of three years.