H4 - Out of Status

[srmohankumar]

Hi,

Iam in H1B visa and the I-94 expiry was Dec 4,2012. My wife was in H4 and she had the same I94 Expiry. I applied for COS for my wife on June 2012 and it got denied by USCIS on March 18,2013. I did not file for her H4 extension becoz her COS was pending. I applied for my petition on Oct 2012 and it got approved until 12/31/2013. After my wife's COS got denied, I have applied for the H4 extension. But my company is not raising the extension and try are saying that she is out of status.

1.Is my wife really out of status?

2.Should she be leaving to India ASAP?

3.If so, Can she come back by getting a fresh H4 extension?

Please answer these.

Regards,

Mohan

[omshiv]

yes, she's OOS..contact an attorney immediately.

[rahul412]

1.Is my wife really out of status?

2.Should she be leaving to India ASAP?

3.If so, Can she come back by getting a fresh H4 extension?

Please answer these.

I94 expired and COS also expired. I guess your wife is out of status from March 19th. She needs to get her H4 ext.

[Capri06]

Hmm I do not think so since you are in valid H1.

[Capri06]

But please do find out from imm attorney.

[chakrakr]

She has not accumulated 180 days of unlawfull presence. She should be able to exit and enter with a new H4 Visa. The other alternative is to file a H4 extension under nunc pro tunc. In any case, consult an Attorney ASAP. Review both options

[srmohankumar]

Thanks for your responses.Couple more questions.

Iam planning to send her back to India in the next week.

1.Will there be any problem for us to do a new H1B and H4 stamping in India with my approved petition?

2.If she leaves US by next week, will there be any problem where she gets questioned by Immigration on Exit of US or Entry of India??

[omshiv]

Thanks for your responses.Couple more questions.

Iam planning to send her back to India in the next week.

1.Will there be any problem for us to do a new H1B and H4 stamping in India with my approved petition?

2.If she leaves US by next week, will there be any problem where she gets questioned by Immigration on Exit of US or Entry of India??

I would take advice from a qualified Attorney before doing anything.