H4 extn not filed along with H1 extn

[srisan]

Hi

My H1-I94 and my wife's I94 expired a month ago. My employer went ahead to file for extn for my H1 and they missed to file H4 extn for my wife. Now I got my H1 petition approved and I 94 extended.

My wife has been out of legal status for a month now. My employer would be filing for H4 extn in a day or 2 .Can she stay legally ? What are the risks? Can someone explain?

[INDNewYork]

Your wife is Out of status and that is sure to come back at some point of your US episode. Wondering how people miss considering dependents in immigraton matters.

[pontevecchio]

First of all H4 filing is your business and not you employers. They did not miss. You missed. You have some choices. Have her visit home for a vacation and while coming back she will get a new I94 restoring status. Filing an extension now is not guaranteed to be approved. This month or more out of status will not matter at all in the long run as the next entry will restore her status. INDNewyork has put it in his inimitable way. I would add that in future make sure both I94's are always valid.

[srisan]

Thank you for your replies. I agree at some point its my business to take care of H4. But when employers have strong policies that they would only take care of dependents filing as well, they would nt let us intervene. And more over, after submitting the necessary documents needed for myself and dependent, one would assume that H1 and H4 would go hand in hand from the employer to USCIS. This was a total blunder from the huge immigration team thats operating out there. Everybody is good at passing the ball in others courts, making me the final sufferer. I just got an update, that they would go for a nun-pro-tunc filing which again is not guaranteed to be approved. I am worried now that if this will affect my any future moves like job switch or GC processing with any other employers etc.

[pontevecchio]

It will affect NOTHING. You have to shoulder the blame as your dependents staus is your problem. If they file the H4 for you it is only as a favor. Stop the blame game and in future remember to keep her status valid at all times.

[INDNewYork]

Strange to see such discussions. My employer filed my wife's H4 along with mine. The attorney took an extra $500 fees and processed it and none of them complained. Her approval petition bears the employer name and not my name. She got her stamping in india recently and my employer gave letter in support of her stamping and even that stamping bears mine & employer name. In first place, yes you take the blame for not inquiring with your employer reg her H4 extension. Forget abt your company policies, atleast you need to discuss with your employer to find out who should be applying the H4 extension.

[pontevecchio]

INDNewyork

"Her approval petition bears the employer name and not my name. She got her stamping in india recently and my employer gave letter in support of her stamping and even that stamping bears mine & employer name"

Again I repeat her H4 status is ONLY TIED to your H1 VALID status with ANY Employer. H4 has no connection to the H1 employer. Yes the only requirements for h4 status are Marriage and proof of your valid H1 status which includes a job letter..pay stubs..H1 approval etc. H4 is merely a status and does not involve a petition.

"Strange to see such discussions" merits proper translation from a mother tongue and suggests your reply was lost in translation.