URGENT!!! H4 Issue!!! Expiring Soon.

N

ngaur

New Member
Hi,

My H1 extension was applied by my company in Feb 2002 but the approval hasn't arrieved yet. My H1 is expiring on 1st Aug 2002. My wife is on H4 and her H4 is expiring on 1st Aug 2002 too. The situation is that I got married in May'02, so we couldn't file for H4 extension with my H1 extension.

I am really in trouble now, since if my approval doesn't come before 27th July, what would happen to her status? Will she needs to leave? If she overstays, then would I be able to get her H4 ext after my H1 ext comes?

Someone, please help me as soon as possible.

Thanks,
Nitin.
 
U should have applied for her H4

along with H1 if you are not sure about the timings. Generally since the underlying H1 is guarded by the pending h1 extension application she is fine. If you have a receipt notice that is enough for both of you to be in status.
Just to be safe I would suggest application of H4 extension quoting your receipt notice before H4 expiry.
 
Hi jaxen,

Thanks for replying to my problem buddy. I really appreciate it.
Actually, the thing is that My company's lawyer has filed for my H1 extension in Feb and I got married in May in India. Thats why her H4 extension wasn't filed with me. Now, my lawyer is saying that her H4 extension cann't be filed on the basis of my receipt. I don't whether it is true or not.

Thanks,
Nitin.
 
No. She can apply for the H-4 extension now (in fact, she needs to). Look at form I-539. There is a block there that indicates that your extension was previously submitted and is pending with INS.
 
Out of Status on H4

I am here on a H1B visa. My spouse is dependent on me and hence here on a H4 visa. When I shifted companies last year and filled out the paper work for me and my wife's new visa, my employer filed only my visa and never informed me that they have not filed for her visa. Hence I have a valid visa and I-94 until Sep 2003, while my wife was out of status without our very knowledge by the end of last year. As of now she has been out of status for 7 months. Needless to say, this is putting us in a great deal of trauma. Hence, my attorney is trying to do the needful. She said she is going to file an affidavit and enquire with the INS as to what needs to be done.

What do you recommend the attorney do provided the fact that I have had a valid status all the time and the fault is on the company for not having informed me that they forgot to file for her extension?

How is that I can rectify the situation.

Your help is greatly appreciated.
 
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