H4 extension not applied by Laywer

[teja_9]

Hi,

Me and my wife's  H1B/H4 were supposed to expire  on Sep 30 2013. We applied for the extension  and my h1b was approved. After two months when I asked my lawyer for my wife's H4 approval notice, he realized that he did not file my wife's H4 and immediately applied this month (NOV 12th 2013) and right now her case is being processed as we received the acknowledgement letter from USCIS staging that her documents have been received and the case is in its initial review,

 

Since the lawyer did not file her h4 extension on time she is currently out of status and we were supposed to travel to India and opted for an Interview waiver program in India for our stamping and  now her h4b is in processing....

 

Is it a good idea to travel India at this time?

 

Or does she have to hold off her travel plan and wait for her approval?

 

Since she has been out of status for almost 2 months, should she be really going for stamping  without the H4 processing completion.

 

As per my attorney, if she goes to India for stamping with the H4 being approved, she will use my H1b for her h4 stamping and what ever has been filed lately with USCIS will be irrelevant.  So he is suggesting us to go ahead with the travel plan and go for stamping..

 

Please provide your inputs.

 

Thank you.

 

[jairichi]

Hi,

Me and my wife's  H1B/H4 were supposed to expire  on Sep 30 2013. We applied for the extension  and my h1b was approved. After two months when I asked my lawyer for my wife's H4 approval notice, he realized that he did not file my wife's H4 and immediately applied this month (NOV 12th 2013) and right now her case is being processed as we received the acknowledgement letter from USCIS staging that her documents have been received and the case is in its initial review,

 

Since the lawyer did not file her h4 extension on time she is currently out of status and we were supposed to travel to India and opted for an Interview waiver program in India for our stamping and  now her h4b is in processing....

 

Is it a good idea to travel India at this time?

 

Or does she have to hold off her travel plan and wait for her approval?

 

Since she has been out of status for almost 2 months, should she be really going for stamping  without the H4 processing completion.

 

As per my attorney, if she goes to India for stamping with the H4 being approved, she will use my H1b for her h4 stamping and what ever has been filed lately with USCIS will be irrelevant.  So he is suggesting us to go ahead with the travel plan and go for stamping..

 

Please provide your inputs.

 

Thank you.

What your lawyer said is right. Do accordingly.

[Tjgarla]

Yes . Send ur wife for the stamping