what is your PD( the date LC was recieved by DOL)
the date your wife I-94 expired
if her I-94 has not expired more then 180 days(the date her I-485 reach USCIS) you can file her I-485 with 245(k)
Very Urgent!!! H4- I-94 & visa expired- Need Advice
- Thread starter ajkk
- Start date
what is your PD( the date LC was recieved by DOL)
the date your wife I-94 expired
if her I-94 has not expired more then 180 days(the date her I-485 reach USCIS) you can file her I-485 with 245(k)
----PD is June 27th 2006, I-140 is January 5th 2007 and pending (Will be upgrading to premium this week..have already sent the check to attorney)
---Feb 26th 2007
---its not yet 180 days..180th day wud be AUg 23rd 2007. And there is no need to leave US immediately for her right?
Last edited by a moderator:
can someone clearfy my misunderstanding..
After reading some of the above posting, I am wondering for spouse and kids, why do we have to renew I-94 (I am talking the actual I -94 card). Since the spouse and kids are in H4-visa, all they have to do is apply for the extension (I-539) before the existing visa expires. Am I right or am I missing something here? May be I misunderstood…..My wife and kid’s I-94 and H4 expired on 2005. After re-applying I -539, now they have valid I-539 (approval notice) for another three years. Do they have to apply for new I-94 card (since their original I-94 card is expired in 2005)? Can someone please clearly my misunderstanding here…
After reading some of the above posting, I am wondering for spouse and kids, why do we have to renew I-94 (I am talking the actual I -94 card). Since the spouse and kids are in H4-visa, all they have to do is apply for the extension (I-539) before the existing visa expires. Am I right or am I missing something here? May be I misunderstood…..My wife and kid’s I-94 and H4 expired on 2005. After re-applying I -539, now they have valid I-539 (approval notice) for another three years. Do they have to apply for new I-94 card (since their original I-94 card is expired in 2005)? Can someone please clearly my misunderstanding here…
ask your lawyer to file her I-485 with 245(k) and also provide H4 extension filing reciept. dont forget the file Her AP with I-485
------------------
hello,
i applied for h1 extension and h4 extension in jan 07 , i just got approval but did not receive h4 approval or receipt notic for my wife and daughter. her h4 was expired in april 07 ( but we did filed for extension did not received receipt or approval ) please help me ASAP.
i applied for h1 extension and h4 extension in jan 07 , i just got approval but did not receive h4 approval or receipt notic for my wife and daughter. her h4 was expired in april 07 ( but we did filed for extension did not received receipt or approval ) please help me ASAP.
-------------------------
--Thanks Ginnu! Spoke to my lawyer..she says..no need of 245(k) as my wife is still under 180 days.
What to do? What happens if we not apply 485 with 245(k)?
--Again my attorney says, as there is a huge volume of applications on her desk ..she cant apply for AP now..she'll apply once we get the receipt of 485
---------------
USCIS has revised the July Bulletin...things have come back to square one.
I had hopes that, we could be able to apply 485 and get some status for my wife atleast.
Now as its the not the way..I'm thinking to take appointment in India and send my wife to India for stamping (Just to recap: My wife's H4 n I-94 expired on feb 26th..applied for extension on May 21st with a non-pro-tunc letter giving pregnancy and child birth as reason. I-539 Application in still pending).
Is there any other way we can think of? I'm scared to send her to India for stamping.
If the application is still pending at USCIS..are the days still counted as out of status? 180 days clock wud still be clicking?
I had hopes that, we could be able to apply 485 and get some status for my wife atleast.
Now as its the not the way..I'm thinking to take appointment in India and send my wife to India for stamping (Just to recap: My wife's H4 n I-94 expired on feb 26th..applied for extension on May 21st with a non-pro-tunc letter giving pregnancy and child birth as reason. I-539 Application in still pending).
Is there any other way we can think of? I'm scared to send her to India for stamping.
If the application is still pending at USCIS..are the days still counted as out of status? 180 days clock wud still be clicking?
---------------------
Its been more than 2 months and still pending. Is your H4 already expired or about to expire?
My Experience with H4 Status
I had the same problem 3 years ago. And I think I solved it properly.
I came to US in H1 in year 2000 with an approval notive. My wife came with me in H4. She got her passport stamped at counsolor. My H1 was valid until 12/31/2002 but her H4 stamp was valid until 1/11/2003.
In year 2002, I changed my job. The lawer of the new company filed an application to transfer my H1 and also extend my H1. So I had a H1 valid until 2005. At this time I didn't know I need to extend my wife's H4. Nor did the company lawer told anything about this.
In March of year 2003, I tried to re-validate our visa stamps and found out my wife was out of status. Immediatelly found another lawer to file a H4 extension (I539) and attached a letter from the lawer stating " ... it has been an extraodinary of circumstances ..." (you can search "extraordinary circumstances beyond the control of the applicant or petitioner" or 8 C.F.R. 248.1(b) to find out more). This application was approved quickly and to my surperise, it was valid from 1/11/2003 to 2005. So my wife was not out of status for even a single day (now I know this is called "nunc pro tunc". Note it is not "non pro tunc").
My suggestion for you will be:
1. File nunc pro tunc I539 (gald you have done this). PREY TO GOD it will be approved with a valid date from 2/26/2007. it doesn't matter when this is approved, she will be always in status thanks to the nunc pro tunc.
2. File I485 now, include your wife. Explain she has a status probelm but you are working on it. Attach all I539 papers and the filing evidence (FedEx reqeipt, or I539 receipt). With your PD, your 485 won't be processed for a long time. When it's finally your turn, her I539 should have been approved, and she should have been back to status.
3. Or hold your I485, until her I539 is approved. At that time she is back to status so you can have a clean I485 application. But with your PD, I don't think this is a good choice.
I won't recommend going back to India. It may seperate you for years, especialy with young babies.
I had the same problem 3 years ago. And I think I solved it properly.
I came to US in H1 in year 2000 with an approval notive. My wife came with me in H4. She got her passport stamped at counsolor. My H1 was valid until 12/31/2002 but her H4 stamp was valid until 1/11/2003.
In year 2002, I changed my job. The lawer of the new company filed an application to transfer my H1 and also extend my H1. So I had a H1 valid until 2005. At this time I didn't know I need to extend my wife's H4. Nor did the company lawer told anything about this.
In March of year 2003, I tried to re-validate our visa stamps and found out my wife was out of status. Immediatelly found another lawer to file a H4 extension (I539) and attached a letter from the lawer stating " ... it has been an extraodinary of circumstances ..." (you can search "extraordinary circumstances beyond the control of the applicant or petitioner" or 8 C.F.R. 248.1(b) to find out more). This application was approved quickly and to my surperise, it was valid from 1/11/2003 to 2005. So my wife was not out of status for even a single day (now I know this is called "nunc pro tunc". Note it is not "non pro tunc").
My suggestion for you will be:
1. File nunc pro tunc I539 (gald you have done this). PREY TO GOD it will be approved with a valid date from 2/26/2007. it doesn't matter when this is approved, she will be always in status thanks to the nunc pro tunc.
2. File I485 now, include your wife. Explain she has a status probelm but you are working on it. Attach all I539 papers and the filing evidence (FedEx reqeipt, or I539 receipt). With your PD, your 485 won't be processed for a long time. When it's finally your turn, her I539 should have been approved, and she should have been back to status.
3. Or hold your I485, until her I539 is approved. At that time she is back to status so you can have a clean I485 application. But with your PD, I don't think this is a good choice.
I won't recommend going back to India. It may seperate you for years, especialy with young babies.
Last edited by a moderator:
Thanks mikeliu88 for sharing your experience. It gives us some hope. Was your wife staying in US while the extension was pending. How long did they take to approve the extension?
My Experience with H4 Status
===Was your wife staying in US while the extension was pending. How long did they take to approve the extension?
Yes, she was in US. It tookd only days to approve the extension. However, that was in 2003.
I have to mention that it was very stressful while waiting. We didn't know if it could be approved within certain days so she wouldn't be out of status 180 days. We also thought if it couldn't get approved in 180 days frame, we might have to leave US to avoid that 180 days penalty. But now after I know it could be approved dating back to 1/11/2003 (nunc pro tunc), I wouldn't have worried that much.
However, for you, I think I539 will be approved after 180 days limit. Even with nunc pro tunc, does it really mean you will be OK for I140/I485? I am not sure. You need to consult more lawers for this.
In my case, when applying for I140, I didn't mention the "out of status" of my wife (she was in that status for 4 months) and I140 was approved with no problem. I still don't mention this in I485 and I will prey to GOD there will be no problem either.
===Was your wife staying in US while the extension was pending. How long did they take to approve the extension?
Yes, she was in US. It tookd only days to approve the extension. However, that was in 2003.
I have to mention that it was very stressful while waiting. We didn't know if it could be approved within certain days so she wouldn't be out of status 180 days. We also thought if it couldn't get approved in 180 days frame, we might have to leave US to avoid that 180 days penalty. But now after I know it could be approved dating back to 1/11/2003 (nunc pro tunc), I wouldn't have worried that much.
However, for you, I think I539 will be approved after 180 days limit. Even with nunc pro tunc, does it really mean you will be OK for I140/I485? I am not sure. You need to consult more lawers for this.
In my case, when applying for I140, I didn't mention the "out of status" of my wife (she was in that status for 4 months) and I140 was approved with no problem. I still don't mention this in I485 and I will prey to GOD there will be no problem either.
Today we received the approval for my wife's H4 extension. Only issue is the valid date given was from the date we applied which was May 11th 2007 to May 18th 2008,but the actual expiry date was Feb 16th 2007. Would there be any problem when my wife goes for visa stamping?