akkumar25 Posted April 24, 2015 Report Share Posted April 24, 2015 My wife I94 expired on 2013 and she had H4 valid until April 2015. We have applied for H4 extension through attorney. So right now y wife need to visit India for some important work. Given y situation, please let me know what are my options? I have the I797 valid until 2017. Link to comment
jairichi Posted April 24, 2015 Report Share Posted April 24, 2015 If your wife's I94 expired in 2013 she is being illegally present in US till date. Then on what basis a H4 extension was filed? It is a very serious issue. Link to comment
akkumar25 Posted April 24, 2015 Author Report Share Posted April 24, 2015 Please assist me on my situation. Link to comment
pontevecchio Posted April 24, 2015 Report Share Posted April 24, 2015 Was an extension of her H4 status filed at any time after she last came back from India.? Do you mean she has an H4 I94 till April, 2015? Link to comment
akkumar25 Posted April 25, 2015 Author Report Share Posted April 25, 2015 I thought I94 that comes with I797 which has end date of April 2015 will be valid. So on this basis H4 extension has applied. Please advise. Link to comment
JoeF Posted April 25, 2015 Report Share Posted April 25, 2015 You need to provide more information. You said her I-94 expired. Does she have another, valid I-94? From where? Did she file an extension in 2013, before the old I-94 expired? If she does not have a valid I-94, she could be subject to a 3- or 10-year ban. Link to comment
pontevecchio Posted April 25, 2015 Report Share Posted April 25, 2015 In that case what is your question/ and your problem? She needs to return with a H4 visa. Link to comment
akkumar25 Posted April 27, 2015 Author Report Share Posted April 27, 2015 My wife came to US on H4 in September 2012 and she got the I94 from port of entry. In end of year 2013, I extended my H1 visa along with H4. She got extended until April 7, 2015 with new I797. My question is, Is her I797 I94 is valid? My employer applied her H4 extension on April 14, 2015. Is this valid? Link to comment
pontevecchio Posted April 27, 2015 Report Share Posted April 27, 2015 Keep it simple. She had a valid I94 till April,7. 2015. If she is planning to visit home then have her leave and return with the H4 visa. Link to comment
simplyanks Posted May 7, 2015 Report Share Posted May 7, 2015 expert i need your suggestion ! me and my spouse H1 &H4 expired on sept 21st. My employer filed my extension before the expiry date. However, they forgot to apply extension for H4. Once they figured out, they filed the extension after expiry date with "nunc-pro-tunc" condition and we got receipt # from uscis on Oct 9th. Since then we are waiting for the decision to be made. Due to my wife pregnancy, she wasn't allowed to travel by her gyno and we submitted the letter during H4 extension. Now, 180 days are over and we just got our baby passport done. Please suggest do we wait once decision to be made, as they said so far sept cases are processing, or leave the county. will leaving the country affect on my spouse case during H4 visa interview considering the fact that she was out of status for more than 180 days. we have proper evidence to show that she birth a baby and cant travel during the time. Your help will be appreciated !! Link to comment
jairichi Posted May 15, 2015 Report Share Posted May 15, 2015 Guys any reply !! You should have contacted an attorney rather than waiting for a reply in a situation like this. Link to comment
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