ATTORNEYS PLEASE RESPOND- Presumed to be on H1, now slipped into an expired H4

[rockafficiando]

Hello,

My wife was presumed to be on H1, but since she came into the country on a H4 3 days after her H1 started, her last action rule was H4 and the H4 I-94 issued at POE expired on August 2012

She now got a new job and we discovered this and are now looking at best options to get back in status , trying to avoid 3 year ban into country and hopefully do a CoS to the new job if all goes well

I recently read about H4 extensions with back dated I-94 using the NPT(Nunc Pro Tunc) H4 extension.

Im on a valid H1 B visa and would like to do this so that she doesnt have to leave the country.

I'm speaking to her employer's attorney and my employer's attorney and none of them mentioned this option

If this is a viable option to our situation, I would like to hire someone from Murthy's as I need a strong lawyer to handle my case!

Thanks,

[pontevecchio]

Please give the firm a call.

[omshiv]

so she worked on H4? thats a big issues than just overstaying..you dont put CAPS calling for an attorney..you should give them a call..and Im hoping you already scheduled with them.

[rockafficiando]

Thanks for replying. We called and set-up an appointment for tomorrow

[rockafficiando]

she still has a H1 I-797 with approval until 2015. But due to the approval date on I-797 being 2 days less than entry date into US, she becase a de facto H4.

We were unaware of neither this date mismatch nor the last action rule until we revisited the documents for a new H1 transfer and found the mix up

But she did get an e-verify after she started working from the employer

Her Drivers License also came through from the DMV

So its not like she took H4, worked illegally and was paid in cash.

Any insight given here would help me talk to a Senior Attorney from Murthy's on my call tomorrow

Not sure if her employer should handle the case , her employer should handle the case

Or if this can be handled by a 3rd party employer to do the necessary explanation to bring back into Status.

[omshiv]

Thanks for replying. We called and set-up an appointment for tomorrow

did you speak with Murthy Attorney's? What was their suggestion?

[rockafficiando]

H1B via NPT as its the fastest moving by shelling out a few extra bucks for premium processing!