kumar7p Posted August 19, 2013 Report Posted August 19, 2013 I filed my H4 after 180 days for extension and received RFE asking the delay of filing H4 Visa Extension.Does any one have the same issue or let me know how you resolved this situation. The reason for delay of filing i am under impression of H1b extension valids to H4 also that's the reason didn't filed H4 Extension. This is my first H4 extension and misunderstood between H1b & H4. Please advise the situation to fix it
jairichi Posted August 19, 2013 Report Posted August 19, 2013 You can not fix it as you were out of status during that 180 days. If your I94 has also expired by that time you were illegally present in US. Talk to a good immigration attorney. My suggestion would be to leave the country immediately and apply for a H4 visa from a US consulate abroad.
omshiv Posted August 19, 2013 Report Posted August 19, 2013 Contact an Attorney today to file Nun Pro Tunc.
jairichi Posted August 19, 2013 Report Posted August 19, 2013 Contact an Attorney today to file Nun Pro Tunc. Omshiv, what is Nun Pro Tunc?
chakrakr Posted August 19, 2013 Report Posted August 19, 2013 . My suggestion would be to leave the country immediately and apply for a H4 visa from a US consulate abroad. That s not the right advice. Leaving US now will trigger a 3 year ban. the right advice is what Omshiv said (Omshiv, we soemtimes agree :) ) . Consult an attorney and see if it can be filed nunc pro tunc . DO NOT leave US without consulting an Attorney
chakrakr Posted August 19, 2013 Report Posted August 19, 2013 Omshiv, what is Nun Pro Tunc? It is nunc pro tunc . In simple layman term, you are sayign soemthing happened due to an error and you are requesting forgiveness. See this for more details http://www.murthy.com/2012/03/30/murthy-success-story-h-4-nunc-pro-tunc-reinstatement/
jairichi Posted August 19, 2013 Report Posted August 19, 2013 That s not the right advice. Leaving US now will trigger a 3 year ban. the right advice is what Omshiv said (Omshiv, we soemtimes agree :) ) . Consult an attorney and see if it can be filed nunc pro tunc . DO NOT leave US without consulting an Attorney Chakrakr, why leaving US and entering on H4 not a good idea?
omshiv Posted August 19, 2013 Report Posted August 19, 2013 the right advice is what Omshiv said (Omshiv, we soemtimes agree :) ) . ohh... I'm flattered :)
jairichi Posted August 19, 2013 Report Posted August 19, 2013 It is nunc pro tunc . In simple layman term, you are sayign soemthing happened due to an error and you are requesting forgiveness. See this for more details http://www.murthy.com/2012/03/30/murthy-success-story-h-4-nunc-pro-tunc-reinstatement/ Thanks chakrakr, I learnt something new. Do you mean to say that this error happened , it took 180 days for OP to detect would go well with USCIS?
JoeF Posted August 19, 2013 Report Posted August 19, 2013 Chakrakr, why leaving US and entering on H4 not a good idea? If a person has overstayed the I-94 for more than 180 days, leaving the US would trigger a 3-year ban.
chakrakr Posted August 19, 2013 Report Posted August 19, 2013 Chakrakr, why leaving US and entering on H4 not a good idea? Because leavign US will trigger a 3 year ban (due to 180days+ illegal presence). OP will not get a Visa and will be stuck out of US for 3 years
jairichi Posted August 19, 2013 Report Posted August 19, 2013 Because leavign US will trigger a 3 year ban (due to 180days+ illegal presence). OP will not get a Visa and will be stuck out of US for 3 years Oh ok. Thanks for the information
pontevecchio Posted August 19, 2013 Report Posted August 19, 2013 You need a very Good Lawyer to sell the matter to the USCIS. Do it fact. Talk to the firm of Murthy.
kumar7p Posted August 21, 2013 Author Report Posted August 21, 2013 Thanks for valuable information.I am still gathering more information if any known people resolved this situation.
omshiv Posted August 21, 2013 Report Posted August 21, 2013 Thanks for valuable information.I am still gathering more information if any known people resolved this situation. gathering?? i guess you dont realize the gravity of the situation...you need to approach Murthy attorney now!!
rahul412 Posted August 21, 2013 Report Posted August 21, 2013 Thanks for valuable information.I am still gathering more information if any known people resolved this situation. Gathering what?? You already got the suggestion, now just implement it.
chakrakr Posted August 21, 2013 Report Posted August 21, 2013 If you wait too long to "gather more information" you will soon be at risk for a 10 year ban ... that happens when you overstay for 365 days + . See the link to Murthy which I provided to get info on how it was resolved for a Murthy client.
kumar7p Posted August 28, 2013 Author Report Posted August 28, 2013 Already my case is taken care by attorney to respond to RFE. My Concern to fight for the case until it goes to success.
kumar7p Posted October 22, 2013 Author Report Posted October 22, 2013 Thank You for all your support and valuable information.My case is approved
jairichi Posted October 22, 2013 Report Posted October 22, 2013 Thank You for all your support and valuable information.My case is approved Congrats. Thanks for your update. So, what strategy was employed in your case?
Hero2008 Posted October 29, 2013 Report Posted October 29, 2013 Hi, I am in same situation and need some advice. My 6 year old sons 1-94 got expired in February 2013 due to passport validity and it's now more than 8 months. But his passport do have valid H 4 stamped and also some how have valid I-94 which came with I 797. I think the immigration officer didn't took it during his recent travel. We have just noticed this and now not sure what to do next. My H 1 extension is due in 5 months and have to submit my docs to my company attorney. Please suggest what should I do?
Aleti78 Posted August 4, 2014 Report Posted August 4, 2014 Thank You for all your support and valuable information.My case is approved KumAr, me in similar situation, can you plz provide me your contact details
omshiv Posted August 5, 2014 Report Posted August 5, 2014 KumAr, me in similar situation, can you plz provide me your contact details Why do you need his contact details?? Contact Murthy law firm..they are the ones who solved this issue.
srinivas_258 Posted August 14, 2015 Report Posted August 14, 2015 Hi please how did you guys resolved it please help me , i am also in same situation now....
srinivas_258 Posted August 14, 2015 Report Posted August 14, 2015 Thank You for all your support and valuable information.My case is approved Please tell me how many days it took to you? and did your wife left the US are stayed here while case was inprocess??
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