Padma22 Posted November 15, 2018 Report Share Posted November 15, 2018 Hi All I am a H4 dependent visa holder.My I-94 date has expired 9 months ago on Feb-2018 due to my old passport expiration date.But the visa stamped on my old passport is valid still Dec-2019.I have got a new passport valid until Nov 2027 but missed to apply for my I-94 extension. I realized today that I am currently on out of status and I am not eligible for I-539. What should I do to get a new I-94? Can I go to a nearest local CBP office and get it corrected after explaining my situation or else should I go/cross the Canada border(which is quite near to my place)and get stamped with new I-94 on re-entry? Link to comment
JoeF Posted November 15, 2018 Report Share Posted November 15, 2018 Your only option would be to file nunc-pro-tunc. Discuss this with an immigration lawyer ASAP. Do not go to a CBP office, you could get arrested and deported. Also, if you travel out of the country you would be banned for 3 years. Link to comment
rksingh Posted November 15, 2018 Report Share Posted November 15, 2018 Unfortunately you are in a serious situation as you have been out of status for more that 180days...if you leave, you may get barred from re-entry. Visa stamp being valid till Dec-2019 will not give you any relief...it is the I-94 date that matters. You need to consult a good Immigration ASAP. Your case may qualify for a nunc pro tunc (See the article posted on 30-MAR-2012 on Murthy.com under the success stories) but only a qualified attorney can determine for sure. Link to comment
Padma22 Posted November 16, 2018 Author Report Share Posted November 16, 2018 Thank you for your suggestions. I have some more queries. How much time is required for reinstatement to get approved from USCIS? Is there any premium processing option for H4 holder? Or Do I need to get a new H4 visa stamping from home country and again re-enter US? Will there be a problem at consulate for getting approval for new h4 visa? Can somebody narrate you experiences on both circumstances. Link to comment
Padma22 Posted November 17, 2018 Author Report Share Posted November 17, 2018 Any suggestions.Please help. Link to comment
JoeF Posted November 17, 2018 Report Share Posted November 17, 2018 5 hours ago, Padma22 said: Any suggestions.Please help. I already told you, you need to talk to a good immigration lawyer ASAP! Link to comment
veni001 Posted November 17, 2018 Report Share Posted November 17, 2018 Just contact a good immigration attorney as suggested by JoeF, don't waste your time on these forums. Link to comment
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