Travelling India on expired visa/i-94.

H

H1B_Pro

Registered Users (C)
Hi,
Here is my problem:

Travelling India on expired visa/i-94.


My H1B Visa expired on Jan 12th 2004, and I-94 expired one year back as I never went to India since my last revalidation. same is the case with my wife, her H4 visa expired on Jan 12th 2004.

I applied for 7th year extension on 09/15/2003 and waiting for approval from TSC. (My labor is pending at regional level since last 1 year 2 months). Our attorney is saying that it takes 6 months for extension cases. So I may expect my H1B approval by March15th 2004 and then I will be sending docs to St. Louis for revalidation.

Here is my problem:

My wife is planning to go India next month i.e Feb and come back after my visa revalidation is done i.e May 2004. I am planning to go to India with valid visa and bring her back in may.

Please advise me if there are any high risk factors involved. Even I am thinking that my labor will be done by the time my revalidation is complete.

Is there any premium processing procedures for revalidation.

Please advise me of any possible ways that I can avail in this situation.

Thanking in advance.

H1B-Pro.:eek:
 
Hi,
Here is my problem:

Travelling India on expired visa/i-94.


My H1B Visa expired on Jan 12th 2004, and I-94 expired one year back as I never went to India since my last revalidation. same is the case with my wife, her H4 visa expired on Jan 12th 2004.

I applied for 7th year extension on 09/15/2003 and waiting for approval from TSC.

----- You wrote that your I-94 expired one year back then how could you file for 7th year H1 extension? Need more info to get the answer.
------ When did your wife I-94 expired? Did you file her H4 extension with form I-539 before her I-94 expiry date?

(My labor is pending at regional level since last 1 year 2 months). Our attorney is saying that it takes 6 months for extension cases. So I may expect my H1B approval by March15th 2004 and then I will be sending docs to St. Louis for revalidation.
-------- I hope your I-94 did not expire 1 year back because if lawyer filed H1 Extension it must have been filed before your I-94 expiry date, one can not file H1 extension if I-94 expires
Here is my problem:

My wife is planning to go India next month i.e Feb and come back after my visa revalidation is done i.e May 2004. I am planning to go to India with valid visa and bring her back in may.
----- the question can be replied if you post complete and accurate details of you and your spouse
Please advise me if there are any high risk factors involved. Even I am thinking that my labor will be done by the time my revalidation is complete.

Is there any premium processing procedures for revalidation
-----NO
 
Ginnu...Thank you for the reply, after reading your reply I verified my H1B docs and found out that my I-94 expired only on Jan 10 2004 (I wrote earlier about expired I-94 based on one stapled to my passport) and my employer filed for 7th year extension in sept 2003, so I understand that my status is valid.

Our Attorney filed I129 and I539 for myself and spouse respectively.

My earlier visa was valid till June 2002 and my wife's I-94 contains expiry date of June 2002 based on that. Now I am realising that when I filed for H1 extension in 2001, I never sent any of her docs to my employer (that time i.e in 2001 Dec, she had valid I94). I got my extension approval in april 2002 and after that both of us sent passports for revalidation to St.Louis and our Visas got extended till Jan 2004.

Now my concern is about her status, now she is having expired I-94 (more than 180 days old), Pl let me know whether she is out of status or her status is linked to mine. Based on your input I will talk to my attorney.

attorney while filing her 1539 never complained about any thing, now I have SRC nos for both of us.

Is there any way to rectify this issue.

Reply is really appreciated.

Thanking you
H1B_PRO

Originally posted by ginnu
Hi,
Here is my problem:

Travelling India on expired visa/i-94.


My H1B Visa expired on Jan 12th 2004, and I-94 expired one year back as I never went to India since my last revalidation. same is the case with my wife, her H4 visa expired on Jan 12th 2004.

I applied for 7th year extension on 09/15/2003 and waiting for approval from TSC.

----- You wrote that your I-94 expired one year back then how could you file for 7th year H1 extension? Need more info to get the answer.
------ When did your wife I-94 expired? Did you file her H4 extension with form I-539 before her I-94 expiry date?

(My labor is pending at regional level since last 1 year 2 months). Our attorney is saying that it takes 6 months for extension cases. So I may expect my H1B approval by March15th 2004 and then I will be sending docs to St. Louis for revalidation.
-------- I hope your I-94 did not expire 1 year back because if lawyer filed H1 Extension it must have been filed before your I-94 expiry date, one can not file H1 extension if I-94 expires
Here is my problem:

My wife is planning to go India next month i.e Feb and come back after my visa revalidation is done i.e May 2004. I am planning to go to India with valid visa and bring her back in may.
----- the question can be replied if you post complete and accurate details of you and your spouse
Please advise me if there are any high risk factors involved. Even I am thinking that my labor will be done by the time my revalidation is complete.

Is there any premium processing procedures for revalidation
-----NO
Click to expand...
 
Ginnu...Thank you for the reply, after reading your reply I verified my H1B docs and found out that my I-94 expired only on Jan 10 2004 (I wrote earlier about expired I-94 based on one stapled to my passport) and my employer filed for 7th year extension in sept 2003, so I understand that my status is valid.
----- If H1 extension filed before expiry of I-94 then YOU are in status

Our Attorney filed I129 and I539 for myself and spouse respectively.
----- For H1 extension Lawyer needs to file I-129 and new LCA and I hope he sent I-539 for your spouse H4 extension (read below I have doubt that your wife H4 will be extended or how the lawyer filed her H4 extension)

My earlier visa was valid till June 2002 and my wife's I-94 contains expiry date of June 2002 based on that. Now I am realizing that when I filed for H1 extension in 2001, I never sent any of her docs to my employer (that time i.e in 2001 Dec, she had valid I94).
---- It means you did not extend your wife H4 status with your H1

I got my extension approval in April 2002 and after that both of us sent passports for revalidation to St.Louis and our Visas got extended till Jan 2004.

---------------- Visa got extended because Visa sticker is NOT a status Visa stamp is just for entry to US. DOS extended your wife H4 because you had valid I-94 and she was dependent, DOS does NOT extend the status so her H4 STATUS was not extended just she got Visa stamp in her passport

Now my concern is about her status, now she is having expired I-94 (more than 180 days old), Pl let me know whether she is out of status or her status is linked to mine. Based on your input I will talk to my attorney.
------- Dear, if her I-94 was valid till June 2002 and that I-94 expired and you did not file her H4 status extension with INS/BCIS/USCIS/CIS before expiry of her I-94 then I am sorry to say that she is out of status AND she is staying illegally in US, she is staying illegally in US more than 180 days and she is subject to 3/10 year bar.

attorney while filing her 1539 never complained about any thing, now I have SRC nos for both of us.

------ I suspect attorney missed the point or did not see or read the date on her I-94, he attached the copy of her I-94 and that is needed for H4 extension, copy of your I-94 is also attached or copy of your H1 approval notice is attached. I hope he just filled up the form I-539 and attached your H1 extension copy and your I-94 copy and may have thought that your wife I-94 is also valid and did not notice that I-94 of your spouse is expired he may have looked at her H4 visa stamp validity and did a mistake sending her H4 extension. I may be wrong as I was not present and don’t know how your lawyer could send H4 extension with expired I-94? You need to talk to him ASAP. Don’t forget to update us others may benefit if your lawyer has different interpretation of H4 extension law.

Is there any way to rectify this issue.
---- Go to lawyer ASAP and point out the mistake or concern, take all your H1 approvals, I94, Passport and your wife passport and any or all copies of her I-94 then talk to him.



**** if she is out of status and staying illegal in US we need to know the date when LC was filed for you, did your Employer file your LC before April 31 2001? Check it with employer or lawyer and come back to us.
dont forget to post what lawyer says, we want to learn more
Good Luck!!
 
Expired I-94

Ginnu..Thank you once again and I will speak to attorney to furnish more details.

H1B_PRO
 
Premium processing for revalidation

Hi H1B_Pro,

You can do premium processing for revalidation also.
 
mjksjm
You can do premium processing for revalidation also.
*** Don’t provide the wrong info, try to learn the diffrence between Revalidation and H1 extension or H1 tranfer
------- DOS does visa revalidation in US and you can’t do premium processing for Visa stamp revalidation
One can go for premium processing for H1 extension, H1 to H1 transfer through USCIS
 
H1_pro, if the lawyer has not yet applied for her h4 extension its good, just send her to india and when u recieve ur h1 extension send ur papers to her in india and she will get h4 stamped, this way no one(ins) will ever know she was staying illegally, 'cause this was not done intentionally it was just over looked and ins will never understand the problem, i dont know if this is a wise idea, just try to get as many inputs as possible and take the right step.
 
Expired I-94

Everest001.. Thank you!. My employer filed h4 extension on expired i-94.


Ginnu..I got the input from attorney and the options I have are

1. Apply for new H4 visa and waiver at consulate in India.

2. Find some labor filed before april 2001 for substitution.

I have to go with option 1

Ginnu..can you give me some input on the forms I have to use for applying waiver. Please let me know and Thank you for all your help.

h1b_pro.


Everest001.. Thank you!. My employer filed h4 extension on expired i-94.

H1B_PRO.
 
Ginnu..I got the input from attorney and the options I have are

1. Apply for new H4 visa and waiver at consulate in India.



I have to go with option 1
----- That is the correct option send her ASAP to India and she may be ready to wait for the visa stamp after 4-5 months wait (the 4-5 month wait because consulate will send the info of waiver to DOS in Washington DC then will get the info from DOS if waiver is granted

Ginnu..can you give me some input on the forms I have to use for applying waiver.
---- This is beyond free service; you need lawyer and have to pay to draft the waiver and again it will depend if that lawyer is able to get you waiver.

2. Find some labor filed before April 2001 for substitution.
------ It means you don’t have any LC filed for you before April 31, 2001; the reason I asked for LC was that you may be able to file I-485 with 245(i) and you don’t have any LC pending for YOU filed before 31 April 2001. Again this lawyer gives you wrong info you can only use the LC that was field for YOU if you want to use 245(1)
 
expired i-94

Ginnu ...Can I withdraw spouse's current I539 petition(one that is filed on expired I-94) which is under processing at Texas Service Center as I am worried that it may be rejected. Instead I can send her to India and apply there for H4 with waiver.

pl advise.

h1b_pro
 
Ginnu ...Can I withdraw spouse's current I539 petition (one that is filed on expired I-94) which is under processing at Texas Service Center as I am worried that it may be rejected.
----- What you will gain by withdrawing now? Let it be pending who knows USCIS may commit a mistake and approve they are expert in blunders and if refused or rejected that is ok as it was supposed to be rejected
Instead I can send her to India and apply there for H4 with waiver.
-----Send her out of US ASAP and talk to experienced lawyer for waiver better choose a lawyer who has experience how to deal with US consulates in India.
You may contact Rajiv S Khanna(our host) or Sheela Murthy www.murthy.com or Cyrus Mehta NYC lawyer he has office in NYC and Bombay ( www.cyrusmehta.com) Cyrus Mehta got a waiver for a similar case recently and the person got H4 visa stamped last week from Bombay, expect the good lawyer fees around $2000 for these kind of cases
 
You must log in or register to reply here.
Top