Please Please, need immidiate Help with H4...

dave74

Registered Users (C)
Hi Gurus,

Please, need real help here :mad: .

I forgot to apply for H4 along with my H1 when it expired in Dec. 2002 with my 1st H1B renewal in Jan. 2003, infact, i was unaware that its a separate application, i was under the impression that it will be approved with my H1B. But again with Next Renewal, i knew that i will need to apply for my wife as well and applied and my case was approved, i got an inquiry from USCIS about her case, asking why her non-immi. status was not maintained and requires my Pay Slips, my Notice of Action copy, which i will be able to provide. But I donno what the reason i should give as it was purely my unawareness.

Msg. Below posted 08/08/2006 after I sent Docs with my Pay Slips and all.

Again, I sent all the other supporting Documents like merriage Certificate and reqd. fees, and also a letter requesting asking INS to forgive me for my ignorance and grant the H4 Approval for my wife, but they denied and said that a denial of I-539 may not be appealed, however, an applicant may file a Motion to Reopen or Reconsider under 8 CFR, 103.5. It must be filed in writing and signed by applicant, attorney or rep. of record, and accompanied by the proper filing fee within 30 days of this decision. It must state new facts to be proved or reconsidered, and must be supported with affidavits or other doc. evidence and any pertinent procedent decisions.

I donno if Mr. Khanna can look into it and try to help me out, i will try to contact him as well, but let me know if anybody had the same situation before and got thru it.

Her I-95 also expired in Dec. 2002.

Please ask if you have any further question, please.

Please reply,

Thanx

Dhaval.
 
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dave74 said:
Hi Gurus,

Please, need real help here :mad: .

I forgot to apply for H4 with my 1st H1B renewal in Jan. 2003,
infact, i was unaware that its a separate application, i was under the impression that it will be approved with my H1B.

But again with Next Renewal, i knew that i will need to apply for my wife as well and applied and my case was approved, i got an inquiry from USCIS about her case, asking why her non-immi. status was not maintained and requires my Pay Slips, my Notice of Action copy, which i will be able to provide. But I donno what the reason i should give as it was purely my unawareness.

Msg. Below posted 08/08/2006 after I sent Docs with my Pay Slips and all.

Again, I sent all the other supporting Documents like merriage Certificate and reqd. fees, and also a letter requesting asking INS to forgive me for my ignorance and grant the H4 Approval for my wife, but they denied and said that a denial of I-539 may not be appealed, however, an applicant may file a Motion to Reopen or Reconsider under 8 CFR, 103.5. It must be filed in writing and signed by applicant, attorney or rep. of record, and accompanied by the proper filing fee within 30 days of this decision. It must state new facts to be proved or reconsidered, and must be supported with affidavits or other doc. evidence and any pertinent procedent decisions.

I donno if Mr. Khanna can look into it and try to help me out, i will try to contact him as well,
---------- you need to contact good lawyer it seems your wife stayed illegaly in US after 2003

but let me know if anybody had the same situation before and got thru it.

Please reply,

Thanx

Dhaval.
** you did not post what was the date her H4 I-94 expired. one needs full details of the case
 
From your message it is very very clear your spouse H4, I 94 expired on Dec. 2002.

From Jan 2003 to till date your spouse does not have any status in US, and over stayed illegally several years.

I strongly beleive that your spouse H4 may not renewed and spouse may be barred to enter into US and liable for deportation.

You must catch hold of a strong immigration attorney to represent your case, last try. However success rate for cases, like over stay several years, almost zero.


Please, need real help here :mad: .

I forgot to apply for H4 along with my H1 when it expired in Dec. 2002 with my 1st H1B renewal in Jan. 2003, infact, i was unaware that its a separate application, i was under the impression that it will be approved with my H1B. But again with Next Renewal, i knew that i will need to apply for my wife as well and applied and my case was approved, i got an inquiry from USCIS about her case, asking why her non-immi. status was not maintained and requires my Pay Slips, my Notice of Action copy, which i will be able to provide. But I donno what the reason i should give as it was purely my unawareness.

Msg. Below posted 08/08/2006 after I sent Docs with my Pay Slips and all.

Again, I sent all the other supporting Documents like merriage Certificate and reqd. fees, and also a letter requesting asking INS to forgive me for my ignorance and grant the H4 Approval for my wife, but they denied and said that a denial of I-539 may not be appealed, however, an applicant may file a Motion to Reopen or Reconsider under 8 CFR, 103.5. It must be filed in writing and signed by applicant, attorney or rep. of record, and accompanied by the proper filing fee within 30 days of this decision. It must state new facts to be proved or reconsidered, and must be supported with affidavits or other doc. evidence and any pertinent procedent decisions.

I donno if Mr. Khanna can look into it and try to help me out, i will try to contact him as well, but let me know if anybody had the same situation before and got thru it.

Her I-95 also expired in Dec. 2002.

Please ask if you have any further question, please.

Please reply,

Thanx

Dhaval.[/B][/QUOTE]
 
From your message it is very very clear your spouse H4, I 94 expired on Dec. 2002.

From Jan 2003 to till date your spouse does not have any status in US, and over stayed illegally several years.

I strongly beleive that your spouse H4 may not be renewed and spouse may be barred to enter into US and liable for deportation.

You must catch hold of a strong immigration attorney to represent your case, last try.
However success rate for cases, like over stay several years, is almost Nil.

Please, need real help here :mad: .

I forgot to apply for H4 along with my H1 when it expired in Dec. 2002 with my 1st H1B renewal in Jan. 2003, infact, i was unaware that its a separate application, i was under the impression that it will be approved with my H1B. But again with Next Renewal, i knew that i will need to apply for my wife as well and applied and my case was approved, i got an inquiry from USCIS about her case, asking why her non-immi. status was not maintained and requires my Pay Slips, my Notice of Action copy, which i will be able to provide. But I donno what the reason i should give as it was purely my unawareness.

Msg. Below posted 08/08/2006 after I sent Docs with my Pay Slips and all.

Again, I sent all the other supporting Documents like merriage Certificate and reqd. fees, and also a letter requesting asking INS to forgive me for my ignorance and grant the H4 Approval for my wife, but they denied and said that a denial of I-539 may not be appealed, however, an applicant may file a Motion to Reopen or Reconsider under 8 CFR, 103.5. It must be filed in writing and signed by applicant, attorney or rep. of record, and accompanied by the proper filing fee within 30 days of this decision. It must state new facts to be proved or reconsidered, and must be supported with affidavits or other doc. evidence and any pertinent procedent decisions.

I donno if Mr. Khanna can look into it and try to help me out, i will try to contact him as well, but let me know if anybody had the same situation before and got thru it.

Her I-95 also expired in Dec. 2002.

Please ask if you have any further question, please.

Please reply,

Thanx

Dhaval.[/B][/QUOTE]
 
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