Visa Status PLEASE HELP!!

[sheelu]

Hi All,

My H-4 I-94 card expired on Feb,3rd 2005. I was in the impression that so long as my husband's H-1B is valid, my H-4 will also be valid. That is the reason I did not apply for my H4 extension, but when I applied for H4 to H1B recently, my H-1B got approval without I-94.

Now I have the following questions:
1. What is my current status? Is am I in H-4 or H-1B status?
2. Is there any possibility to get valid I-94 for me without going out of country.
3. If so, what should I do? .
4. Ijust want to have a valid H status, then it will not be any problem to include my name for filling in my husband's i-485.
5. Is there any possibility to Rollback from H1 to valid H4 status.

I would greatly appreciate if anybody can help me out in this.

 

[great guru]

Your Status is high risk

Your I 94 expired on Feb 3, 2005.
You are staying in US until today , though you have H1. (As if you are in your home country having an H1 approval petition)

As of today, i am afraid, you do not have any status and over stayed more than 180 days.

Even if you go out for H1 visa stamping in your home country, you may be barred to enter US indefinitely.

Better consult any experienced attorney to find a suitable solution for you.

Your status is really in question?

"I was in the impression that so long as my husband's H-1B is valid, my H-4 will also be valid. "
If your impression is like that, why INS/consulate stamped H4 visa on your passport with validity date? Again why they issue I 94 card at the POE with an expiry date on it.

Hi All,

My H-4 I-94 card expired on Feb,3rd 2005. I was in the impression that so long as my husband's H-1B is valid, my H-4 will also be valid. That is the reason I did not apply for my H4 extension, but when I applied for H4 to H1B recently, my H-1B got approval without I-94.

Now I have the following questions:
1. What is my current status? Is am I in H-4 or H-1B status?
2. Is there any possibility to get valid I-94 for me without going out of country.
3. If so, what should I do? .
4. Ijust want to have a valid H status, then it will not be any problem to include my name for filling in my husband's i-485.
5. Is there any possibility to Rollback from H1 to valid H4 status.

I would greatly appreciate if anybody can help me out in this.