asp_1 Posted February 27, 2013 Report Share Posted February 27, 2013 Hello All, I am in a complicated situation. My employer applied for my H1 on Dec and still in progress. The bad thing is I completely missed my wife's H4 I94 expiry date, it got expired on 09/17/2012. When I let my employer know about this, he checked with my attorney. The attorney is suggesting that it is better for my wife to leave the country as soon as possible and reenter once my H1 is approved. The reasoning behind my attorney's suggestion is she is nearing her 180 day grace (Mar 15th 2013) period of out-of-status stay, to avoid 3-year ban in case of a denial. Can someone please comment if I have any other option left? Can I take the risk of applying for I539. One of the big reason I am exploring for options is we recently blessed with baby-boy, he is just 4 weeks old. If my wife need to leave the country, she need to take my baby as well. Please comment. Thanks Sivajee Link to comment
blancx Posted February 27, 2013 Report Share Posted February 27, 2013 I guess the attorney is right. If you want second advice, please consult another atty and confirm your options. Who knows, the birth of the baby and the restricted travel resulting from that may permit you to file 539. Or an honest oversight may permit you. Link to comment
mayaraj Posted March 2, 2013 Report Share Posted March 2, 2013 Sivaji, I am on a very similar situation. Could you please share your experience at rajb.maya@gmail.com Link to comment
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