Please Help

M

Mashurs

Registered Users (C)
Hi everybody,
My lawyer did not apply for H4 for my wife in may 2000 when I applied for my H1 for the remaining period of my 6 years on H1(till Feb 2002). My wife's I-94 expired in April 2000. But our lawyer assured that as long as her name is mentioned in my H1 paper she is OK. So we didn't have any problem. My wife went to India in March 2002, when my employer had applied for my 7th year extension in January of 2002. I got my 7th year extended till December 2002 and sent my papers to India and my wife got new H4 valid till December 2002. But at the port of entry they stamped her I-94 which is valid till December 2004.
In December we applied for I-140/485(concurrent) and also applied for H1 extension. But didn't apply for h4 this time also. I changed company in march and got new H1 extension through company B based on my I140 filing with company A. But in May 2004 my I-140 got denied(ability to pay) and we appealed. The appeal was not accepted saying that we filed the appeal not in time, which is not correct and my lawyer wrote a letter saying that we indeed filed the appeal in time. But we haven't heard anything from INS(almost a month) yet. Fortunately I applied for new I-140.485 through company B using substitute labor last week. My new lawyer says my wife is out of status and she may have to go back to India and get new H4 visa. I have my H1 valid till March 2005. As per lawyer my wife's 180 stay ends by end of this month and she has to leave by then. But I consulted couple of people they say if you file change of status before 180 days grace period you should be OK.
Please someone let me know this is true. I don't want to send my wife to India and do something here itself in order to bring her back to status.
Thank you.
 
Talk to attorney murthy...

No point in trying to get the guesswork done here on this forum. You have a serious issue at your hand. Spend 100 dollars and get an appointment for a telecon with a reputed lawyer like Sheela Murthy and get her opinion on this. Or do the same with Rajeev Khanna.

You have very little time left to decide on this issue. Better not waste any more time.

will_get_there
 
Pleeease Help

When she came back from India in July 2002 they stamped her I-94 with a valid through date of December 2004, but she had H4 visa issued till December 2002 base on my H1 visa.
 
Mashurs said:
When she came back from India in July 2002 they stamped her I-94 with a valid through date of December 2004, but she had H4 visa issued till December 2002 base on my H1 visa.
Click to expand...

If she has an I-94 that is valid through December, 2004 she is in status until December 2004. An H-4 is not company dependent. Of course, you should speak to a qualified immigration attorney to have the documents reviewed, but is sounds like she can file for an extension now. At the very least, the I-94 should stop the accumulation of overstay toward the 3/10 year bar. Again, speak with a good immigration attorney.
 
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