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!!
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!!
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