Friends,
I need your help desperately in this case. This happened to my sister who was in H4 visa.
My sister and Brother-in-Law(BIL) got married in 2001. As BIL was in H1B, my sister got her H4 from chennai consulate and went on to U.S. to live with her husband.
As my BIL's H1B visa got expired he applied for renewal in 2002. During the renewal the employer forgot to include the wife's name i.e. H4 renewal was not applied.
To correct the problem my BIL applied for a new H4 visa from Washington DC. H4 visa got stamped in my sister's passport. Please note that it was only the visa that got stamped but the I-94 remained the old one.
She went for Driver /license and found that she needed to get a new I-94. So she contacted the INS and she was told that she has already overstayed inthe U.S and that she has to leave the country within 30 days.
After consulting with the lawyer, she came back to India and tried to contact the consulate regarding this. They did not respond and one official over the phone said that all she needed was to re-enter the U.S to get a new I-94.
So she went back to the U.S. expecting that she might be let in with a new I-94. But at the POE, she was not allowed to pass the immigration with the same reasons that her H4 visa (stamped in Washington) is invalid, because she should have got a Waiver H4 visa from the consulate.
Confused, Dazed and puzzled my sister is returning to India.
Has anyone come across this type of case. If so what needs to be done? Is there any immigration lawyer available in Chennai so that we can get consultation regarding this case.
As this is an urgent issue I request you to convey your suggestions ASAP.
Thanks.
I need your help desperately in this case. This happened to my sister who was in H4 visa.
My sister and Brother-in-Law(BIL) got married in 2001. As BIL was in H1B, my sister got her H4 from chennai consulate and went on to U.S. to live with her husband.
As my BIL's H1B visa got expired he applied for renewal in 2002. During the renewal the employer forgot to include the wife's name i.e. H4 renewal was not applied.
To correct the problem my BIL applied for a new H4 visa from Washington DC. H4 visa got stamped in my sister's passport. Please note that it was only the visa that got stamped but the I-94 remained the old one.
She went for Driver /license and found that she needed to get a new I-94. So she contacted the INS and she was told that she has already overstayed inthe U.S and that she has to leave the country within 30 days.
After consulting with the lawyer, she came back to India and tried to contact the consulate regarding this. They did not respond and one official over the phone said that all she needed was to re-enter the U.S to get a new I-94.
So she went back to the U.S. expecting that she might be let in with a new I-94. But at the POE, she was not allowed to pass the immigration with the same reasons that her H4 visa (stamped in Washington) is invalid, because she should have got a Waiver H4 visa from the consulate.
Confused, Dazed and puzzled my sister is returning to India.
Has anyone come across this type of case. If so what needs to be done? Is there any immigration lawyer available in Chennai so that we can get consultation regarding this case.
As this is an urgent issue I request you to convey your suggestions ASAP.
Thanks.