H4 After I-94 Expiry


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The I-94 for me and my wife expired on 05/31/2016 and my company has filed a amendment + extension for me on 09/30/2015. As the process started for me with Amendment, I didn't sent my dependent documents and by the time my petition was filed i didn't realize/unaware that H4 extension has to be filed separately for my wife.

I came to know that my wife H4 extension has to be filed when i saw the extension receipt for my colleague's spouse. Unfortunately by the time I realize , my spouse I-94 had already expired and she was four months pregnant.

I had my H1B approved for till 08/17/2018.

So I checked with my company and suggested with below 2 possible options.

Option 1. Extension can be filed but will take longer time for an approval which may trigger a 3 year ban for my spouse if she stays more than 180 days from the I-94 expiration date and that falls on 11/27/2016.

Option 2. She can go back to India and get her H4 stamped and come back to US.

So, I checked with my doctor whether my wife can travel for the option 2.

But my doctor recommended to avoid travel during the reminder of her pregnancy because we have follow ups for specific genetic condition (Congenetal Myotonia) that my baby would inherit from me.

Note: (Due Date: 12/27/2016)

So , I need to go with option 1 considering the safety of my wife and baby.

The concern with option 1 is that as it is taking too long time to be processed we would be placed into the following risks.

Risk 1: my wife would not have any valid visa documents during the due date and it might lead to legal complications for my baby.

Risk 2: if the case is denied and she overstayed over six months , she would get a 3 Year ban.

Kindly let me know, Is it possible to expedite the case because of the above situation

or is there any option to stay back here.




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