H1 Extension is in progress but forget to file H4 Extension for spouse.


simplyanks

Recommended Posts

Hi All, 

 

My H1-B is expired on sept 18th 2014 and my employer already filed an H1 Extension on 1st week of sept 2014  with my approved I140 Notice. Now, he forgot to apply H4 Extension for my wife and i already sent the proper documentation to attorney for my wife filling. He missed it.  

 

 

My wife came to US on Jan 2013 with valid H4 Visa that has expired on Sept 18th 2014. Now, my employer said he will sent a request to USCIS that they missed to file H4 Extension for her. He said it may have 80% chance that they will approve. if we get a response from USCIS within 180 Days then she dont require to go for Visa Stamping with Approved H1 Petition. Otherwise, she has to leave a country within 180 Days. Also, he put my case into Premium processing to get my H1 approved soon.  

 

My employer proposed 3 conditions:

 

1. Go to Canada for Visa stamping once H1 is approved. (Me & my wife together).

2. wait for 180 days (supposed to start from expired date sept 18 - mar 18)and then she has to leave a country for Visa stamping (which is feasible as our baby due date is Jan 30 2015).

3. My wife can go to canada alone after H1 Approval for Visa stamping. 

 

I am so worried as my wife is 24 weeks pregnant. Please advice what should be done so far.

Link to comment
  • 3 years later...

Hello Friends

Need a information on my Wife  H4 approval

My H1 was approved and i missed to apply the H4 for my wife and daughter and applied immdedaitly after realizing but it was applied after 2 months after thier i94 expiration.
we applied with a cover not to USCIC that we are waiting for the approval for their H4

I have below questions ,please help me to get the answer

1)How many months can my wife  stay in USA because their i 94 was expired in July and H4 extension was filed after 2 months
also currenltly there is no premium processing and its taking much time,do they need to go back to india if they cross 6 months of stay after i94 is expired?

2)Can i change employer during this period ?if Yes what is the process?


Can you please update i have the same issue now forgot to file H4 extension and we have filed extension after 45 days of unlawfull stay

My wife is pregnant and its a risk to travel now

Pls pls help to get answers

Regards

Regards
Kumar

Link to comment

Archived

This topic is now archived and is closed to further replies.