Need direction on H-4 issue.

[sushbush]

I am a H1-B holder and my spouse on H-4 and live in US.

My H1-B(and H-4) visa(in passport) expired on May 03rd 2011 and currently have I-797 extension form till 2014.

Planning to travel to canada for getting H1-B & H-4 stamping(passports).

In the past 7 years unknowingly we never filed for sperate H-4 petion along with H1-B.

But i am getting both (H1-B & H-4) visas stamped everytime based on my I-797 only in Canada without any issue.

Last time i got stamped both H1-B and H-4 is in Aug' 16 th 2010.

I was never asked for H-4 petition in any consulate. that how i enrolled into this issue.

Now knowing that H-4 visa expired 180+ days back in passport and having only H1-B I-797 and

I am leagal status all the past 7 years in US. The questions i have are:

a) Can i get stamped both H1-B and H-4 this time in canada same way as previous years ?

b) What could be the possible outcome of filing “nunc-pro-tunc” H-4 application ?

Please advise.

Thanks,

Sashi.

[Attorney_13]

Please consult directly with a qualified immigration attorney to discuss your wife's case. If her I-94 card expired over 1 year ago, she will trigger a 10 year bar if she departs the US. (If it is even only 180 days a 3 year baar will be triggered.) One strategy that may resolve this situation type to file a nunc pro tunc H4 extension application. This requests that USCIS issue an I-94 card backdated to when her original I94 card expired. However, these cases are very fact specific, are very challenging cases, and USCIS exercises discretion in approving such cases.

Again, please consult directly with an experienced immigration attorney to discuss this strategy.

[sushbush]

Thanks for guidence. Got extension with the help of NTP for H4.

One last question:

Filed for 485/AP/EAD two days back and need to visit India due to need. Expecting the Fingerprinting(FP) in next 3 weeks.

Is it possible to postphone FP for 15-30 days if needed with the help of my attorney ?

Now both H1B and spouse H4 visas are valid till 2014