H4 I-94 EXPIRED

[sri1923]

Hi,

My wife’s H4 I-94 was expired on 03/29/2011 which is 2 months 15 days till today. She is out of status now and I know we can apply for the extension ASAP but overall I’m very much concerned on what’s going to happen.

Here are the details:

My wife entered US for the first time on 03/15/2009 and she got her I-94 till 03/29/2011 which was based of my previous employer I-797 dates

My current employer applied for my H1B in 2009 and my receipt date is 09/17/2009 and the H1B Validity dates are from 10/27/2009 to 09/07/2012.

When my H1B was applied through current employer, I don’t think my wife’s H4 was applied and also I didn’t catch this one until now thinking that her H4 validity dates are based on my H1B.

My wife didn’t go anywhere out of the country after 03/15/2009.

I’ve read in some forums that as long as the H4 extension is applied within 180 days after the I-94 expiry it should be fine or else it will be a big problem.

At this point, I really don’t know what’s going to happen so I’m looking for an advice from someone who has been through the similar situation.

Appreciate your help in advance

Thanks,

Srinivas