Please GURUS help !!! Form 539 filed and I-94 already expired

T

thinkglobalthinksmart

Registered Users (C)
My wife is on H4 and she came on my original H1 and got her I-94 till Feb 2001. I changed H1 to another employer and company did not file H4 for her.

I sent the passports and got visa revalidated till Nov 2002. she has not travelled out of the country since coming here. I subsequently changed my H1 employer again in Dec 2001. But the lawyer did not advise to file H4 ( form 539 ) again. The I-94 expired in Feb 2001.

We realised that we need current valid I-94 for her and so My wife applied form 539 in Dec 2001 ( 10 months after expiration ) to INS Vermont center.

She has received an RFE now which says :" Submit evidence that you were
on valid H-4 Status till Nov 2002. Your Arrival _departure Record I-94 has expired in Feb 2001"

Please advise - what kind of evidence is required to be submitted.

We have sent photocopies of the Last H1 Approval of Notice along with photocopies of I-94 ( expired in Feb 2001 ) and H4 visa stamps on passport valid till Nov 2002.

Thanks in Advance
 
Hi,I am in same situation

Hi Debashish,
I am also on H4 and my I-94 expired Apr\'2001 but I have H4 valid visa till 2003.Plz let me know the solution.I am also contacting few attorneys here.If I find let you know.You contact me at docbon10@yahoo.com so we can discuss further and solve our problem.
 
No Title

You have been staying close to a year "out of status". this would surely incur a 10 year entry bar. The only solution should be to leave the country as soon as possible.
 
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