swamkrishna Posted July 21, 2014 Report Share Posted July 21, 2014 Hi Experts, I have recently changed job and got my H1 till 2016, but didn't apply H4 for my wife with my new Employer and her I-94 on her current H4 expires on Oct 31, 2014. She is planning to go to india sometime in November 2014 and will get her H4 stamped as per my new H1. Will it be ok if she stays for a month in US out of status after her I-94 expired. I checked in many forums, no clear or latest information on that. Please help. Thanks Link to comment
jairichi Posted July 21, 2014 Report Share Posted July 21, 2014 Hi Experts, I have recently changed job and got my H1 till 2016, but didn't apply H4 for my wife with my new Employer and her I-94 on her current H4 expires on Oct 31, 2014. She is planning to go to india sometime in November 2014 and will get her H4 stamped as per my new H1. Will it be ok if she stays for a month in US out of status after her I-94 expired. I checked in many forums, no clear or latest information on that. Please help. Thanks No, she cannot. Link to comment
omshiv Posted July 21, 2014 Report Share Posted July 21, 2014 How would that be ok??..no its NOT ok to be illegally present here after the I-94 expiry. Link to comment
rahul412 Posted July 21, 2014 Report Share Posted July 21, 2014 No that's not okay to stay in US beyond I94 expiration date. Link to comment
pontevecchio Posted July 21, 2014 Report Share Posted July 21, 2014 Can she not go in October? Link to comment
swamkrishna Posted July 22, 2014 Author Report Share Posted July 22, 2014 She can certainly go in October, but Many of my friends going to india in November and as she and my 2 yr old kid going alone, i thought it would be better sending them with my friends. I have asked my company HR about this, they responded like, she will be out of status a month, but when she goes to india, she has to go for stamping, thats all. And also in many forums, only if she stay for >180 days after I94 expiry, she gets 3 yr ban to enter US. Is that not the case now? is anything changed on the policy recently? Please help. Thanks Link to comment
jairichi Posted July 22, 2014 Report Share Posted July 22, 2014 She can certainly go in October, but Many of my friends going to india in November and as she and my 2 yr old kid going alone, i thought it would be better sending them with my friends. I have asked my company HR about this, they responded like, she will be out of status a month, but when she goes to india, she has to go for stamping, thats all. And also in many forums, only if she stay for >180 days after I94 expiry, she gets 3 yr ban to enter US. Is that not the case now? is anything changed on the policy recently? Please help. Thanks Everything you mentioned is correct. It is not a good thing to being out of status for a month in US. Link to comment
omshiv Posted July 22, 2014 Report Share Posted July 22, 2014 Why take chances?? What is the Visa officer at the Consulate is having a bad day...he'll straight away deny H4. Link to comment
pontevecchio Posted July 22, 2014 Report Share Posted July 22, 2014 In that case file her H4 status extension now based on your H1 extension. Link to comment
swamkrishna Posted July 25, 2014 Author Report Share Posted July 25, 2014 I think it would be better she go before her I94 expiry date. Thanks Guys for the advice. Link to comment
nineballs Posted July 28, 2014 Report Share Posted July 28, 2014 I think it would be better she go before her I94 expiry date. Thanks Guys for the advice. You are talking about saving $290 vs 30 days of out of status which can haunt you in future. Link to comment
swamkrishna Posted July 29, 2014 Author Report Share Posted July 29, 2014 Thanks for all your response. I have decided to send my Wife to India before her I-94 expires. So that, she will not be in US after her H4 expired. But I guess it is not mandatory for her to finish the visa stamping before her I-94 expired? is that correct?. I have my H1B till May 2016, once she reaches india, she can go anytime before May 2016 to get her visa stamped, right? Thanks Link to comment
omshiv Posted July 29, 2014 Report Share Posted July 29, 2014 You are talking about saving $290 vs 30 days of out of status which can haunt you in future. Where did you come up with that figure? Link to comment
jairichi Posted July 29, 2014 Report Share Posted July 29, 2014 Where did you come up with that figure? $290 is application fee for filing I539. Link to comment
jairichi Posted July 29, 2014 Report Share Posted July 29, 2014 Thanks for all your response. I have decided to send my Wife to India before her I-94 expires. So that, she will not be in US after her H4 expired. But I guess it is not mandatory for her to finish the visa stamping before her I-94 expired? is that correct?. I have my H1B till May 2016, once she reaches india, she can go anytime before May 2016 to get her visa stamped, right? Thanks Anytime she wants to return back on H4 she needs a valid H4 visa a copy of your valid I797. Link to comment
nineballs Posted July 29, 2014 Report Share Posted July 29, 2014 Where did you come up with that figure? Its the fee for form I-539, which is used to extend H4 status in the US. See this - uscis.gov/i-539 Link to comment
omshiv Posted July 30, 2014 Report Share Posted July 30, 2014 $290 is application fee for filing I539. Oh ok...Thanks. Link to comment
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