I94 expired

[nithi2601]

Hi,

Let me explain my situation first. My husbands H1 visa expired on 15 Aug 2011 but his employer extended only his H1 visa not included my h4 and i94. I was told that if his h1b visa is extended mine will be automatically extended, so

i stayed cool but yesterday I came to know that i have to extend my I94 separately, my H4 is still valid till 2016. I94 expired 20days ago. I dont know what to do know.Can you please help me with this? What I have to do know? can i apply extension staying back in US or have to go back to India.

And few more questions....

1. If i go back to India, whether I have to do re-stamping with his new 1797 approval or I can reenter without re-stamping as my h4 is valid till 2016 ?

2. If i go to re-stamping, whether they will raise the red flag for staying extra 20days after my i94 expired?

3. What procedure I have to follow to do restamping?

4. Whether I have to do same thing that I did first for stamping or different procedure?

5. While returning to India, will they (CBP) ask questions for staying more number of days after I94 exp?

Please help me... I m in panic condition know as I m 7mnths pregnant...

Thank you

[H4VisaHelp]

Hello Nithi2601,

i have a very similar case as you have, hopefully any experts who respond to your case might be able to help me too so I am putting my case here also.

I have some answers to your questions, hope they will help you

And few more questions....

1. If i go back to India, whether I have to do re-stamping with his new 1797 approval or I can reenter without re-stamping as my h4 is valid till 2016 ?

- Yes you have to do re-stamping before entering US again. you need a valid visa stamped on your passport to enter US

2. If i go to re-stamping, whether they will raise the red flag for staying extra 20days after my i94 expired?

- not very sure but i have the same doubt and i am assuming they will question the overstay for sure.

3. What procedure I have to follow to do restamping?

- same standard procedure of taking apppointment and going to the embassy

4. Whether I have to do same thing that I did first for stamping or different procedure?

- it is the same process

5. While returning to India, will they (CBP) ask questions for staying more number of days after I94 exp?

- no questions are asked when you are leaving the country in general, you may not even face them

Scenario

I came in USA on a working Visa(H1-B) in 2003, got married in 2009 and my wife came with me on the a dependent Visa(H4). I was out of US for about 15 months from 2005-2006. My green card processing was initiated in May 2011 and PERM was approved in June and I-140 was approved last month.

My H1-B completed its designated 6 years in July-2011, an extension to this Visa was applied in May-2011 and there was a RFE(Request for Evidence) against it which was responded by the lawyers in Aug-2011 against the I-140 approval. Currently the Visa extension application is pending with USCIS and we are awaiting a response.

Along with my H1-B visa extension the lawyer did not file for my Wife’s H4 extension (I-539 form I guess) and hence she is out of status since July-2011.

what are the options:-

1. can we apply for my Wife H4 extension now? If yes how

2. as my H1 was expired before I-140 approval, will i get an H1 extension or not?