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swamkrishna

Being in US after I94 on H4 expired.

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Hi Experts, 

 

I have recently changed job and got my H1 till 2016, but didn't apply H4 for my wife with my new Employer and her I-94 on her current H4 expires on Oct 31, 2014.

 

She is planning to go to india sometime in November 2014 and will get her H4 stamped as per my new H1.

 

Will it be ok if she stays for a month in US out of status after her I-94 expired. I checked in many forums, no clear or latest information on that. Please help.

 

Thanks

 

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Hi Experts, 

 

I have recently changed job and got my H1 till 2016, but didn't apply H4 for my wife with my new Employer and her I-94 on her current H4 expires on Oct 31, 2014.

 

She is planning to go to india sometime in November 2014 and will get her H4 stamped as per my new H1.

 

Will it be ok if she stays for a month in US out of status after her I-94 expired. I checked in many forums, no clear or latest information on that. Please help.

 

Thanks

No, she cannot.

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She can certainly go in October, but Many of my friends going to india in November and as she and my 2 yr old kid going alone, i thought it would be better sending them with my friends. 

I have asked my company HR about this, they responded like, she will be out of status a month, but when she goes to india, she has to go for stamping, thats all.

And also in many forums, only if she stay for >180 days after I94 expiry, she gets 3 yr ban to enter US. Is that not the case now? is anything changed on the policy recently? Please help.

 

Thanks

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She can certainly go in October, but Many of my friends going to india in November and as she and my 2 yr old kid going alone, i thought it would be better sending them with my friends. 

I have asked my company HR about this, they responded like, she will be out of status a month, but when she goes to india, she has to go for stamping, thats all.

And also in many forums, only if she stay for >180 days after I94 expiry, she gets 3 yr ban to enter US. Is that not the case now? is anything changed on the policy recently? Please help.

 

Thanks

Everything you mentioned is correct. It is not a good thing to being out of status for a month in US.

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Why take chances?? What is the Visa officer at the Consulate is having a bad day...he'll straight away deny H4.

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I think it would be better she go before her I94 expiry date. Thanks Guys for the advice.

You are talking about saving $290 vs 30 days of out of status which can haunt you in future.

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Thanks for all your response. I have decided to send my Wife to India before her I-94 expires. So that, she will not be in US after her H4 expired. 

But I guess it is not mandatory for her to finish the visa stamping before her I-94 expired? is that correct?.

I have my H1B till May 2016, once she reaches india, she can go anytime before May 2016 to get her visa stamped, right?

 

Thanks

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You are talking about saving $290 vs 30 days of out of status which can haunt you in future.

 

Where did you come up with that figure?

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Thanks for all your response. I have decided to send my Wife to India before her I-94 expires. So that, she will not be in US after her H4 expired. 

But I guess it is not mandatory for her to finish the visa stamping before her I-94 expired? is that correct?.

I have my H1B till May 2016, once she reaches india, she can go anytime before May 2016 to get her visa stamped, right?

 

Thanks

Anytime she wants to return back on H4 she needs a valid H4 visa a copy of your valid I797.

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Where did you come up with that figure?

Its the fee for form I-539, which is used to extend H4 status in the US. See this - uscis.gov/i-539

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