H4 approval with expired I94 Urgent!!!

[srisrinid]

Hi

 

I was on H1B  and even my husband is currently on H1B. My H1B is valid till  Dec 2014 so is my I 94, My husband visa was valid till 30 Sep 2013 and in August his company applied for his extension and now he has got RFE in that and still company has not submitted the required documents. After that, I applied for COS in Sep 18th 2013 due to personal reasons. Now on Dec 9th 2013,I received approval for my COS to H4 and the validity of visa and I94 was mentioned till 30 Sep 2013. I received I94 which is actually expired. 

 

Now what should I do? Do i need to file again H4 extension? If yes will there be any problem because I94 is expired now as per the new approval

 

Kindly help.

 

 

[pontevecchio]

Since presumably there are time limits to answer RFE's you guys need to discuss your situation with a Lawyer and soon as both of you seem to be Out of status.

[jairichi]

Hi

 

I was on H1B  and even my husband is currently on H1B. My H1B is valid till  Dec 2014 so is my I 94, My husband visa was valid till 30 Sep 2013 and in August his company applied for his extension and now he has got RFE in that and still company has not submitted the required documents. After that, I applied for COS in Sep 18th 2013 due to personal reasons. Now on Dec 9th 2013,I received approval for my COS to H4 and the validity of visa and I94 was mentioned till 30 Sep 2013. I received I94 which is actually expired. 

 

Now what should I do? Do i need to file again H4 extension? If yes will there be any problem because I94 is expired now as per the new approval

 

Kindly help.

Apply for an extension based on your spouse's extension receipt notice or exit and enter US after spouse's extension approval.

Ask your spouse employer to upgrade extension in premium processing

[t75]

Neither of you is in valid status at this time.  You are illegally present. SInce your husband's status apparently was not valid at the time you applied, you could not be given H4.

 

You both need a consult with the employer's attorney about you best options - especially since there has been no reply to the RFE.

[srisrinid]

Thanks for the replies... Is there any way I can apply for an extension now, because I got approval notice only 3 days back. Or going back to India is the only option. Will there be any affect for me when I go for stamping. Also when I applied for the H4 COS his visa was valid. I apploed on Sep 18th 2013 and his visa expired on Sep 30th 2013.

[jairichi]

Thanks for the replies... Is there any way I can apply for an extension now, because I got approval notice only 3 days back. Or going back to India is the only option. Will there be any affect for me when I go for stamping. Also when I applied for the H4 COS his visa was valid. I apploed on Sep 18th 2013 and his visa expired on Sep 30th 2013.

Visa is just an entry document. Legal stay depends on I94. As suggested by t75 talk to an attorney.

[pontevecchio]

Your status is not that relevant as of now. What is your spouses status? Has the time given for answering the RFE over? As long as he is in status and his extension is being processed rather than denied you can apply for a H4 extension based on his pending extension. Lawyers do have their uses. Please consult one soon.