H4/I-94 Expired out of status


satya87

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Hi,

My  wife I-94 is out of status .  h4 extension was missed along with h1 amendment.

Current  h1 amendment is in progress and I got RFE  . I have h1 extension approval notice.

I heard that she has to leave to india ASAP and get her h4 stamped again.

Will her h4 stamping will be approved due to out of status in past ?

Is there any limit on number of days she can be out of status to avoid issues in h4 stamping?

will there be problems during h4 stamping due to out of status in past?

can she use my h1 extension approval or she has to wait until my h1 amendment  gets approved for h4 stamping?

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  • 2 months later...

Hi,

I am in same situation as you in.

My H1B is valid through June 2018 but my employer forgot to apply H4 Extension for my Wife and her I-94 is expired on 31st Jan 2017. Its been almost a week she is in US and employer is seeking lawyer's advise in this case. 

#1 - I would like to know if anyone had similar case and how it was handled by individual and USCIS? 
#2 - Is there any implication on Future immigration process? 

We are worried about this and have no clue how it can be handled.

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