H4 out of status

[asoka.boola]

H1 extension was applied for in time and got approved after a month of the expiry of the current validity. But, the dependent H4 spouse who is also staying here in US along with H1B spouse, is applying now for the extension, a month after the current validity expires.

1) Does this one month stay of H4 dependent amount to illegal?

2) Is it good to go back to India or is it ok to apply from here in US for extension?

3) Can this be lead to any ban/rejection of current H4 extension application and future conversion to H1B?

4) Any other implications?

5) What are the ways out?

[H1Ottawaoct]

Same boat, can someone help?

[jairichi]

Apply for a extension of status immediately. If you receive I797 without I94 just exit and enter US with a valid H4 visa and your approval notice and a copy of H1B's I797.

[asoka.boola]

Thank you Jairichi.....my attorney has already sent my extension application, almost 40 days after expiry of the current h4 visa. 1) How long can I wait for the decision?

2) After 3-4 months, if extension is denied, will there be any ban for staying out of status for this long period?

3) Is there any emergency in my case to leave US  immediately and seek a fresh H4 visa in India?

[jairichi]

If extension application was sent 40 days after I94 expiry then there is a possibility that extension might be approved without I94 in approval notice. In that case you will need to exit and enter US with valid H4 visa, your extension approval notice and a copy of your spouse's extension approval notice.

[asoka.boola]

thank you so much Jai, that's an encouraging response. 

[srme]

1. Company A filed an H1B and got approved. Traveled to the USA on Company A H1B in June 2016.
2. In the USA, Company B filed H1B transfer in July 2016(regular process). 
3. With the receipt number, I started working with a client for at least 8 months.
4. In the month of Nov 2016, I got an RFE which they responded(Company B) in Feb 2017.
5. In mid of March 2017, I moved a new client from the same employer B and started working as usual. 
6. 8th May 2017, My H1B transfer has been denied from the employer B due to one of the improper in-house project documentation.

Note :

1. Still, Company A H1B not revoked and it still valid until 23rd May 2018 and I-94 Valid Upto 2nd June 2018.

My question here is:

1.  Now Employer C is filing my H1B. Is this valid scenario and can I stay here legally and work with employer C receipt number?
2.  Is the new 60 days grace period rule apply for my case.
3.  My spouse having valid H1B and she is working. Now can I eligible to change my H1 to H4 without traveling to INDIA.

[H1bnm]

Hi,

My wife have a valid H4 for the period of March 2016 to June 2018.

we filed H1B for her on April 2016 and petition got approved from June 2016 to September 2018.

She doesnt get any job and her H1 was revoked January 2017 without running any single payslip.

We doesn't filed I539 for her as we got adivse from USCIS Field office not to do so as she is having valid H4.

Now, she got a job and when we are trying to file H1 , her comapny attorney saying she is out from status from oct 2016 as we havent filed I539 to cos from H1 to H4.

Please adivce what we can do now.

My current H1B is expring on June 2018, can I go ahead and file for an extension along with h4 ... is there any chance of H4 extension will get approve or is there any other better options I should do .  Please adivce.

[JoeF]

First, she should have filed a complaint with DOL on form WH4, since on H1, a person needs to get paid all the time, even on bench without a project.

Second, never believe what a USCIS officer says. They are not trained in the law.

And third, she is out of status not from Oct. 2016, but from June 2016, since she didn't get paid.

Fourth, she can't file an H4 extension bcause she is out of status. It would get denied.

Also, if the I-94 from the H1 is expired, she may be looking at a ban.

She should consult with a really good immigration lawyer ASAP.

 

[AS10]

Hi,

I need suggestion if someone can help. I am on H1b and valid until Dec 2018. My spouse I-94 was expired in Jul 2017 but I was not aware. Now I am moving to another company and next company found that my spouse H4 petition was not extended by my company. In this scenario what will happen?

1. Is there any chance to get the approval H4 extension?

2. Is there any ban for spouse to enter into US if she go back our home country?

3. Is there any chance to get waiver from USCIS in this case if we file H4 extension and status resume?

4. how long she can stay with me in US

Please suggest

[pontevecchio]

Discuss the situation with a lawyer. They may try and file a forgiveness petition though one does not like the odds. She should not travel unless the matter is resolved either way. She could potentially get a ban if the nunc pro tunc petition is not approved.

[ravireddy288]

Hello ..Is there an update on this case? Was Nun Pro Tunc approved?

[MBATechGrad]

On 2/19/2018 at 10:41 PM, H1bnm said:

Hi,

My wife have a valid H4 for the period of March 2016 to June 2018.

we filed H1B for her on April 2016 and petition got approved from June 2016 to September 2018.

She doesnt get any job and her H1 was revoked January 2017 without running any single payslip.

We doesn't filed I539 for her as we got adivse from USCIS Field office not to do so as she is having valid H4.

Now, she got a job and when we are trying to file H1 , her comapny attorney saying she is out from status from oct 2016 as we havent filed I539 to cos from H1 to H4.

Please adivce what we can do now.

My current H1B is expring on June 2018, can I go ahead and file for an extension along with h4 ... is there any chance of H4 extension will get approve or is there any other better options I should do .  Please adivce.

Hi, Did you get your case resolve? can you please advise. one of my friend is also in same boat. thanks