Urgent: H4 Extension Notice Lost in Mail/I-94 Expired

[acp2008]

Dear All,

I am on H4 VISA and my extension was applied with my husband. He received his H1 extension notice (I-797) but my H4 Extension never came in mail. We kept waiting for the notice and meanwhile my I-94 expired (Oct 30th, 2008)

We later started following with the employer and found out using the receipt number that the notice was returned as undeliverable (This was mentioned in case status on USCIS web page). The case status also asked us to call USCIS to update the address so that they can send us the notice. We really should have done all this before the I-94 expired and thats the mistake on our part.

We called up USCIS and asked for re-delivery. They said they will get back to us in 45 days. Two days ago, they sent us letter stating that they have destroyed the notice for security reasons and I need to apply I-824 to get a duplicate. The processing of I-824 takes around 6 months.

Now my questions are...

1. Should I leave for India right away and get my H4B stamped along with my husband's H1B and re-enter? Will I face any problem? Will the consulate officers understand the situation during stamping? I hear that if I stay for more than 180 days after I-94 expiry, there is a chance that they may put a ban 3-10 years. I am already 100 odd days past my I-94 date.

2. Will the duplicate notice come with I-94? Is it okay to wait till I get the duplicate notice?

Thanks in advance. Looking for your valuable advise.

 

[ginnu]

Dear All,

I am on H4 VISA and my extension was applied with my husband. He received his H1 extension notice (I-797) but my H4 Extension never came in mail. We kept waiting for the notice and meanwhile my I-94 expired (Oct 30th, 2008)

We later started following with the employer and found out using the receipt number that the notice was returned as undeliverable (This was mentioned in case status on USCIS web page). The case status also asked us to call USCIS to update the address so that they can send us the notice. We really should have done all this before the I-94 expired and thats the mistake on our part.

We called up USCIS and asked for re-delivery. They said they will get back to us in 45 days. Two days ago, they sent us letter stating that they have destroyed the notice for security reasons and I need to apply I-824 to get a duplicate. The processing of I-824 takes around 6 months.

Now my questions are...

1. Should I leave for India right away and get my H4B stamped along with my husband's H1B and re-enter? Will I face any problem? Will the consulate officers understand the situation during stamping?
--------------------keep the online status printout and H4 extension filing reciept and any letter that you got from USCIS and show only if asked.
I hear that if I stay for more than 180 days after I-94 expiry, there is a chance that they may put a ban 3-10 years. I am already 100 odd days past my I-94 date.
------------------that is correct but you sent your H4 extension on time before your I-94 expiry date.
2. Will the duplicate notice come with I-94?
-------------------it should
Is it okay to wait till I get the duplicate notice?
---------------------- That is up to you. If they reject H4 ext due to any reason then your stay in US may be more than 180 days from your I-94 expiry date.
Thanks in advance. Looking for your valuable advise.

I don’t know how you lost H4 extension approval. If lawyer filed H4 extension then it should come to lawyer office. If you filed directly and wrote your home address on form then it should come to your home address.

 

[acp2008]

Thanks a lot for the information. The H1 extension was delivered at the office address. Lawyer didn't receive anything and neither did us. And lawyer doesn't remember the address put on the application.

I will probably leave for India and do the stamping there as soon as possible.

 

[ginnu]

Thanks a lot for the information. The H1 extension was delivered at the office address. Lawyer didn't receive anything and neither did us.
And lawyer doesn't remember the address put on the application.
--------------------------lawyer keeps the COPY of each form or document that is sent to USCIS.

I will probably leave for India and do the stamping there as soon as possible.

------------------

 

[acp2008]

We went to India and got our VISA stamped. Only my husband's H1 Notice of Action was needed for our stamping. We are back in US now.

Thanks for the help.