srilu5us Posted July 17, 2013 Report Share Posted July 17, 2013 Hi Mine and my kids H4 VISA expired in April 2013. My husband has a Valid H1 VISA until Dec 2013 and applied for extension in premium processing with approved I 140 today. My question is, Do we have to go back to India and get it restamped or can we file for an extension staying here? Please advice. Thanks Sri Link to comment
pontevecchio Posted July 17, 2013 Report Share Posted July 17, 2013 When does your H4 I94 expire? Link to comment
srilu5us Posted July 18, 2013 Author Report Share Posted July 18, 2013 I 94 expired in 2009 when I came to USA, after that we did not go to India and my VISA expired on13th April 2013. My kids passports expired and I applied them in Chicago, finally I got them today. Thanks and appreciate any help Srilu Link to comment
pontevecchio Posted July 18, 2013 Report Share Posted July 18, 2013 You get an I94 when you come here on the H4 visa. When does that expire? Do not use the word visa unless you mean the stamp in the Passport. Link to comment
omshiv Posted July 19, 2013 Report Share Posted July 19, 2013 I 94 expired in 2009 when I came to USA, after that we did not go to India and my VISA expired on13th April 2013. My kids passports expired and I applied them in Chicago, finally I got them today. Thanks and appreciate any help Srilu It seems like you are in a very dangerous situation with overstaying and you will be banned by 10 yrs. approach an attorney. Link to comment
srilu5us Posted July 19, 2013 Author Report Share Posted July 19, 2013 My I 94 expired in 2010 Link to comment
omshiv Posted July 19, 2013 Report Share Posted July 19, 2013 My I 94 expired in 2010 so you have been overstaying for the past 3 yrs. Link to comment
srilu5us Posted July 19, 2013 Author Report Share Posted July 19, 2013 I believe there is a cap of 6months with in which I will have to get it restamped!!! My husband's I 140got cleared and he appliedfor H1 extension today in premium processing. Isthere any chance of rejectionfor my H4 extension if i go for stamping? How do I deal this? Thanks Sri Link to comment
srilu5us Posted July 19, 2013 Author Report Share Posted July 19, 2013 I have my I 797 valid until April 2013 and I did not move out of country since 4 years. Link to comment
pontevecchio Posted July 19, 2013 Report Share Posted July 19, 2013 Your I94 expired in April,2013 as per your last post. Please do not use terms incorrectly. Why did you not have H4 status till December? Yes, leave and get the H4 visa based on your spouses H1 and come back. Why is he not helping you? Link to comment
omshiv Posted July 19, 2013 Report Share Posted July 19, 2013 I have my I 797 valid until April 2013 and I did not move out of country since 4 years. Ok..you need to clearly mention this in your first post. Link to comment
jairichi Posted July 19, 2013 Report Share Posted July 19, 2013 You should have applied for H4 extension before I797 expiry (April 2013). You have taken a big risk of not extending it and being out of status. It might come to bite you later Link to comment
chakrakr Posted July 19, 2013 Report Share Posted July 19, 2013 OP, you have a big problem. DO NOT, I repeat DO NOT leave the country until you sort it out. You will probably get a 10 year ban. I am not sure if we are understanding you correct. I just want to double check --you are saying that your I-94 (the small white card which you get during entry OR attached to 797 Approval) has expired ? Call an Attorney ASAP and see if you can file an H4 extension nunc pro tunc (I doubt though) Link to comment
chakrakr Posted July 19, 2013 Report Share Posted July 19, 2013 I have my I 797 valid until April 2013 and I did not move out of country since 4 years. Does the 797 have an I-94 attached to it ? If so, you still have a few months illegal presence but you will probably not have any problem. I would still advise consulting an Attorney BEFORE you leave the country Link to comment
srilu5us Posted July 20, 2013 Author Report Share Posted July 20, 2013 Let me be more clear: I 94 expired in July 2010 and I 797 expired on 13th April 2013 with my husband's old employer. The new employer did not apply for my extension when he was getting my husband's extended. That way mine expired in April 2013 with the previous employer and hiss's remained valid until Dec 2013. Now his I 140 got cleared and in premiuim processing we applied his H1 extension. I am planning to go to India and get it restamped ASAP, as suggested by our lawyer. 1) Is there any chance of getting rejected? 2) What are the precautions to be taken? Thanks Sri Link to comment
srilu5us Posted July 21, 2013 Author Report Share Posted July 21, 2013 There is no I 94 attached to I 797. Link to comment
srilu5us Posted July 21, 2013 Author Report Share Posted July 21, 2013 I 94 expired in July 2010 and 797 expired in April 2013 Link to comment
pontevecchio Posted July 21, 2013 Report Share Posted July 21, 2013 You seem to be very confused about the matter. The H4 approval comes with an I94. You say you have a Lawyer. Help yourself and listen to her. Link to comment
chakrakr Posted July 22, 2013 Report Share Posted July 22, 2013 OP, you are grossly confused. Your Visa Stamp or 797 has NO Value in maintaining your status. The I-94 is the ONLY thing which defines your status. I-94 can be given to you at Port of Entry OR as part of your 797 (bottom right corner of 797 has the I-94). Take ALL your paper and consult an Attorney. You are wasting time on forum Link to comment
omshiv Posted July 22, 2013 Report Share Posted July 22, 2013 Bottom line is you are accruing illegal presence and you will get banned for 10 yrs. I believe even chakrakr would agree to this :) Link to comment
chakrakr Posted July 22, 2013 Report Share Posted July 22, 2013 Bottom line is you are accruing illegal presence and you will get banned for 10 yrs. I believe even chakrakr would agree to this :) "will" is a very strong word :) Even for people who illegaly pay for their PERM process , I am reluctant to say that they "will" be booked for fraud . Anyway, in OP's case, we do not even know if OP's I-94 expired in April 2013 or in July 2010. OP does not seem to know that 797 normally has the I-94 in its bottom right corner. IF it expired in April 2013, OP does accrue illegal presence at this point but it will not cause a 3 year or 10 year ban. It might be corrected through nunc pro tunc . IF it indeed expired in 2010, OP might have a 10 year ban . An Attorney advise is very much required before OP leaves the country Link to comment
srilu5us Posted July 22, 2013 Author Report Share Posted July 22, 2013 Thanks for all yourtime. We are going to India this week end. Sri Link to comment
omshiv Posted July 22, 2013 Report Share Posted July 22, 2013 Thanks for all yourtime. We are going to India this week end. Sri For good? without consulting an attorney? What are you doing with your belongings? :) Link to comment
rahul412 Posted July 22, 2013 Report Share Posted July 22, 2013 What are you doing with your belongings? :) Does this question make any sense here?? OP is on H4 that mean's his/her spouse is on H1 and that is still valid till Dec. So they have LOTS of time to sell their belongings( if they want to). Link to comment
omshiv Posted July 22, 2013 Report Share Posted July 22, 2013 Does this question make any sense here?? OP is on H4 that mean's his/her spouse is on H1 and that is still valid till Dec. So they have LOTS of time to sell their belongings( if they want to). Read what OP wrote... Thanks for all yourtime. We are going to India this week end. Sri And Yes..my post was just a loose comment. :) about the belongings.. :) my question to OP was curiously asked as why didnt they question an Attorney before just believing a forum and booking a 1 way ticket. Link to comment
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