Very Urgent!!! H4- I-94 & visa expired- Need Advice

A

ajkk

Registered Users (C)
Hi Guys,

My I-94 and visa are expired in feb'2007. I have a 797 approval valid till May'2008 with new I-94 attached to it.
As I have new I-94 and valid 797 approval , I can say I'm on status..right?
But, how about my wife whose H4 visa & I-94 which she got at the POE got expired in Feb'07. Is she out of status?. Can she obtain new I-94 from local USCIS office or does she need to go out of US and come back stamped.

DMV held her application for license saying she is out of status.

I have an appointment at local USCIS office on Monday. I'm scared to take her there as she is out of status. Please reply as early as possible..whether to go to USCIS or not. Appreciate it.

Thanks in Advance.
AJCT
 
ajkk said:
Hi Guys,

My I-94 and visa are expired in feb'2007. I have a 797 approval valid till May'2008 with new I-94 attached to it.
As I have new I-94 and valid 797 approval , I can say I'm on status..right?
But, how about my wife whose H4 visa & I-94 which she got at the POE got expired in Feb'07. Is she out of status?.

-----------YES, She was supposed to file H4 Extension BEFORE her I-94 expired with form I-539 with USCIS
Can she obtain new I-94 from local USCIS office or does she need to go out of US and come back stamped.
------------------------Better to go out ASAP and she need to get H4 visa stamp based on your H1
DMV held her application for license saying she is out of status.

I have an appointment at local USCIS office on Monday. I'm scared to take her there as she is out of status. Please reply as early as possible..whether to go to USCIS or not. Appreciate it.

Thanks in Advance.
AJCT
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Hi Ginnu, Its not possible for my wife to leave the country immediately as we have 2 months old baby,I just got the baby's ssn and need to apply for passport so that my wife can take baby along with her. So is it possible to apply I-539 immediately and get status. She is still under 90 day period after I-94 expiry. What to do?

Thanks
AJCt
 
You can consult your company lawyer and he can apply amendment for your wife with your H1B papers so that she will be in status with valid I-94 papers.Cool don't worry and if you get new I-94 there is no need to go for stamping also. If your company lawyer won't support you then talk to sheela murthy, rajiv khanna immediately and they will fix your problem.

Be happy.
 
Thanks cool guy! So is it not necessary for me to apply I-539 and is it possible for attorney to apply for ammendment after 2 1/2 months of I-94 expiry?

AJCT
 
ajkk said:
Hi Ginnu, Its not possible for my wife to leave the country immediately as we have 2 months old baby,I just got the baby's ssn and need to apply for passport so that my wife can take baby along with her.
-----you can waitfor baby passport ( she shold not hit 180 days out of status from I-94 expiry date)
So is it possible to apply I-539 immediately and get status.
-------Your Lawyer can applly it is"nunc pro tunc" but if USCIS denies the H4 extension she will be out of status more than 6 months as H4 extension application may be touched after 4-5 months.
She is still under 90 day period after I-94 expiry. What to do?
------------------- Apply Baby Passport with Extra Fee and let her go out of US ASAP
Thanks
AJCt
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coolguy0201 said:
You can consult your company lawyer and he can apply amendment for your wife with your H1B papers so that she will be in status with valid I-94 papers.
-------------------How the Lawyer can apply amendment to his wife H4? Her I-94 is Expired and her H4 extension was NOT filed Before her I-94 expiry date. Lawyer can say that they can still file for her H4 extension and will charge the fees and no lawyer can give you Guarantee that her H4 extension will be approved. USCIS may extend or may not extend. if denied after 4-5 months then her illegal stay will be more than 180 days. Best Option go out ASAP.


Cool don't worry and if you get new I-94 there is no need to go for stamping also. If your company lawyer won't support you then talk to sheela murthy, rajiv khanna immediately and they will fix your problem.

Be happy.
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Ginnu you are right but I am suggesting ajkk's wife need not go out of us to get visa or else she can go for stamping but my suggestion
is first consult the lawyer and take their suggestion.Because her expired time is below 180 days so they can stay here with cool mind.
If you go out of US they may not allow her next time so first make sure everything with lawyer if they suggest
she can leave the country.
 
Thanks Guys.
If I apply I-539 , the reciept number which I get for my wife..is that sufficient to stay in US till we get our baby's passport and till I get an appointment in ottawa, toronto or montreal (currently there are no appointments open for 6 weeks). I live in east coast. Can I go to Bahamas?
Please throw some light.
 
ajkk said:
Thanks Guys.
If I apply I-539 , the reciept number which I get for my wife..is that sufficient to stay in US till we get our baby's passport and till I get an appointment in ottawa, toronto or montreal (currently there are no appointments open for 6 weeks).
------------------- You can apply H4 extension with help of lawyer But USCIS may deny the H4 extension and H4 extension was supposed to reach USCIS BEFORE her I-94 expired. H4 extension filing Reciept has no value for her as Her I-94 is expired and if you file H4 extension with "nunc pro tunc" it is up to USCIS to approve or deny the H4 extension. H4 extension takes 4-6 months time and if her H4 EXT is denied then she will hit her illegal stay more than 180 days and then bar will start. I don’t advice to take the risk. Send her out of US before she hits 180 days from her I-94 expiry date. For more info see a good lawyer ASAP.

I live in east coast. Can I go to Bahamas?
Please throw some light.
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If I go to any consulate outside US (may be mexico)..are there any chances that she would be rejected H4 Visa based on her overstay in US?
 
ajkk said:
If I go to any consulate outside US (may be mexico)..are there any chances that she would be rejected H4 Visa based on her overstay in US?
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US consulate can reject her Visa stamp in Canada, Mexico or any county as she stayed illegaly in US and then she has to go directly to her home country from Mexico or Canada.
 
I've spoke to attorney and submitted all the necessary documents..she will be filing H4 extension with 'nunc pro tunc' letter. We mentioned about our new born baby in the letter. Once I got the file number and babys passport which might 2 weeks with premium processing, I will send my wife to India.

My questions are:
1. She goes to India before 180 days and get an appointment after 180 days. Would that be a problem?
2. Is there any premium processing for applying H4 extension. My attorney didnt answer anything for that?

I hope, I'm not dragging this post too long. Please reply. Appreciate for all your inputs.

Thanks
Ajay
 
ajkk said:
I've spoke to attorney and submitted all the necessary documents..she will be filing H4 extension with 'nunc pro tunc' letter. We mentioned about our new born baby in the letter.

Once I got the file number
--------------what file number???? I think you mean H4 ext filing reciept.
and babys passport which might 2 weeks with premium processing, I will send my wife to India.

My questions are:
1. She goes to India before 180 days and get an appointment after 180 days. Would that be a problem?
--------------She should go out of US before she hits180 days from Her I-94 expiry date ( make the Copy of her I-94(front and back and keep it for records). if she goes out in 2 weeks then she can get appointment any time when she is in India.
2. Is there any premium processing for applying H4 extension.
--------------------NO
My attorney didnt answer anything for that?

I hope, I'm not dragging this post too long. Please reply. Appreciate for all your inputs.

Thanks
Ajay
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did u get the approval..
my case is exactly like yours.

even i am thinking of applying for h4 extension with nun pro tunc.
let me know if you get the approval and also what docs do u need for applying
 
Guys,

One good news from myside.I got the valid new I-94 with I-797 in "nunc pro trunc" premium processing so my suggestion is don't leave USA without solving the problem.Everyone can solve the problem depends on the delay in amendment and nunc pro trunc.

If you have any questions send me private messages so that I can contact you.

Thanks to you all
 
did u get the approval..
my case is exactly like yours.

---I havent got any approval yet..The process might take atleast 3 months. I am waiting for the reciept number.

even i am thinking of applying for h4 extension with nun pro tunc.
let me know if you get the approval and also what docs do u need for applying
---I-539, Yours and your spouse's passports, your spouse's all 797 docs, recent paystubs.Good Luck
 
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I just received my son's US passport with Indian visa.
Now as the 485 dates have become current how do we handle the situation.

Should I send her India for visa intvw and take a chance..wat if she gets stuck there and the dates retrograde?
Or Take chance and wait here for the I-539 application approval which is pending?

Can I apply 485 for my wife when her extension of stay application is pending?
Spoke to attorney she said we will take chance and wait here .

What do you guys say? Throw some light pls!
 
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