Urgent !!! - H4 problem

F

fox12

Registered Users (C)
Hi,
Do I have to renew my son's H-4 visa while I keep my H-1B valid all the time? I worked in a company from 1999 to June 2001. From 2001 to present, I've been working for my current company. My child came here on H-4 in 2000 and his I-94 is valid until 10/01/2002. However, for some reason, I have had an impression that I don't need to extend my son's H-4 visa. Is it true or false. If it is true, everything is fine. But if it is wrong, is there any problem to extend his visa? If his visa is no longer valid, up to which point? when I changed my company in 2001, or when the I-94 expired?

Any of your infor would be greatly appreciated.

Fox12
 
Your son is out of status from 10/2/2002 (when his i94 expired)
Contact an immigration attorney immediately.

Meow

taken from murthy.com's faq.....
http://www.murthy.com/h1bfaqs.html#9

Question 9. I was on H1B and my spouse was on H-4, but no one told us we had to apply separately to extend her H-4 status. She has been out of status for over 8 months. What can I do?

Contact an immigration attorney immediately. This is a very difficult situation and you need assistance in developing a plan of action and understanding the risks and issues involved with each option.

There is a strong likelihood that the 3-year or 10-year bar could apply against the spouse for failure to maintain lawful status beyond 180 days. According to the INS, ignorance of the law is never a valid excuse.

This problem often occurs when the spouse would have applied for the visa stamp at the consulate for the first time and entered the U.S. based on the visa stamp and the I-94 card issued by the INS officer at the port of entry to coincide with the principal H1B holder's approval notice date. At the time of filing the H1B extension, many people assume that all dependents are automatically included. This is not the case.
 
Last edited by a moderator:
Is it True?

I heard there is a 180 day validity period in which you have to get your h4 extension or else you have to leave before the 180 day expires and get your h4 stamped in your home country

Please comment

Thanks,
San
 
Hi fox12,

I am having a similar problem. I was on a H4 visa and my I-94 expired and I did not go for visa revalidation. How did you resolve the problem? If you got any extra info please post in the forum so that it will be of help to people like us.

sp23
 
I am having a similar problem. I was on a H4 visa and my I-94 expired and I did not go for visa revalidation.
--- Visa revalidation is done in US if you have H4 extension petition approved by BCIS by filing form I-539, if you did not apply for H4 extension and your H4 visa stamp in passport is expired and your I-94 is expired then you are staying in US illegally but if your H4 extension was filed with BCIS then H4 was approved and you got new I-94 you are in Status even if past H4 visa sticker in passport expired.

If your I-94 expired and did not apply for H4 extension with BCIS, you have to contact immigration lawyer immediately. I don’t know if your Illegal stay with out valid I-94 is more than 180 days, if 180 days illegal stay then 3 years bar starts
 
depends on different situations

I called my attorney and got the following advice:
Prepared for the worst, but expect the best. I decided to file H-4 re-validation. Since my child is very young, it is a worth try. Even in the worst situation that my child is barred for 3 years, it is still possible to come back in 3 years when I have my GC. If I did not try to revalidate my child's visa status, my child may get into trouble when at the stage of Green Card. Last, I want to be earnest.
 
fox12 < depends on different situations >

I heard under 16 are not subject to 3/10 years bar.
 
You must log in or register to reply here.
Top