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

[thinkglobalthinksmart]

Please help !!!!!!!!!!!!!!!!!!!!
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My wife arrived in the US on H4 and had I-94 valid till Feb 2001.

I subesquently changed my H1 employer and did not file her H4 however I got her visa revalidated on her passport till Nov 2002.

Subsequently I changed my H1 again and again H4 was not filed. This is my current H1 and is valid from Dec 2001 til Feb 2003.

I realised in Dec 2001 that we need a current I-94 for my wife and so I applied to change/extend immigration status ( Form 539 ) with my current Approval Notice and all pages of her passport with visa stamped till Nov 2002.

I have received an RFE from INS vermont as follows : " Submit evidence that you were in valid H-4 status till Nov 2002. Your Arrival_departure Record has expired in Feb 2001 "

Please let us know what evidence needs to be submitted for this. I have maintained my legal H1 status ever since I have arrived here.

Thanks

 

[JohnR]

you blew it!

your new employer must file for H4 for your wife.

She will probably have to return home for CP. if she has been out of status for more than 12 months, she may be subject to the 5 or 10 year bar. bummer.