Wife's I-94 over stay by 8 months

antri

New Member
Wife's I-94 over stay by 8 months:

When I changed my job from company A to Company B, my wife was in India and for that reason Company B did not take care of my wife's H4 visa transfer along with my H1 transfer. She came back here last year with a valid H4 visa previously sponsored by company A. I was under the impression that her I-94 was automatically extended with my new I-94. Of course, I was wrong.

I spoke with the attorney office associated with company B and he suggested to file mercy and extension. They also suggested not to leave the country now. They are charging a huge amount for this and telling that they are not sure about the success of getting an approval.

Total estimated cost will be anywhere between $7k-$10K.

There are some points which proves she was not trying to do anything unlawfully when she was out of status. Can all these facts be used to make this case stronger?

* She has an Instructor permit for state of Nevada, which is still valid. As per Nevada state law, you can get an ID upto your valid stay period. That time they verified her I-94 and my new I-94 and issued the Instructor permit.
* She has appeared for various exams, which proves that she was planning to study here lawfully.
* I have been paying for her various insurances.

As a matter of fact, these above said facts made us believe that her stay here was okay with my new I-94.

Is there any possibility of getting a ban waiver?

Will it be right if she leaves the country now and then appeal for a ban waiver?

Did anybody come across similar situation or at least heard of it?

I would appreciate if you can post your reply ASAP.
 
The amount they are charging is not "huge"; it is in keeping with the amount of work and the expertise of the person doing the job of making her legal again. You were careless in not making sure her I-94 date was not exceeded. Your/her choices are a 3 year bar from the US or paying the attorneys for filing to rectify the problem you allowed to occur. It is not your company's problem to keep your dependents in status.

Your rational is fine for you but not for the USCIS/ICS/DHS. Remember she is now subject to detention and deportation.
 
I think there are many such cases. All they want to find out if your intention is bad.

Any negative or scary suggestion is not helpful for me. If I were you, I would not have put this kind of harsh comments.

I just want to get out of this situation. I came here to earn and not to loose. What's wrong in that if I shop around and find a reasonably less expensive lawyer. I think anyone would think like that. Someone's misfortune is other's fortune.

I was just seeking for a good lawyer. I don't know for sure that the lawyer I am talking to is good enough.

I appreciate your response though!!
 
I think there are many such cases. All they want to find out if your intention is bad.

Any negative or scary suggestion is not helpful for me. If I were you, I would not have put this kind of harsh comments.

I just want to get out of this situation. I came here to earn and not to loose. What's wrong in that if I shop around and find a reasonably less expensive lawyer. I think anyone would think like that. Someone's misfortune is other's fortune.

I was just seeking for a good lawyer. I don't know for sure that the lawyer I am talking to is good enough.

I appreciate your response though!!

talk to lawyer Sheela Murthy (Murthy.com) Or Cyrus Mehta He is Good lawyer in NYC (www.cyrusmehta.com)
 
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