H4 Visa out of status - Jeopardy situation

[samuelebe]

Hi,

 

I was working for Company A with H1B visa till Dec 31, 2014 and my wife got her H4 stamping till the same time.

 

I have shifted to Company B and my H1B transferred till September, 2017, but I couldn't extend/transfer my wife H4 as she is still in India. 

 

Later, she came to states and stayed here, but I forgot to file her H4 extension/transfer based on company B I-797. 

 

she is out of status for a 1 month and 11 days. My attorney told to leave country and get her stamping in India then come back. Can you please answer these questions at your earliest.

 

1) Can I re-apply her H4 extension from here(USA)? ( this is her first extension based on Company B  I797).

 

2) If re-apply, what is the processing fee?( My attorney told, it might cost 4000$)

 

3) If I go for stamping in India, do I  need her H4 extension petition/document (or) my I-797 works?

 

4) Can we attend interview in consulate separately, thinking that chances of getting her petition approval will be high?

 

5) if Immigration Officer asks, why she overstayed and why I didn't file her extension on time, can I tell honest reason that I forgot to file since my wife is not with me when I got my new H1B and was asked to apply after she comes to USA?

 

Appreciate your quick replies

 

Thanks

Ebenezer

[jairichi]

1. No, as she is already present in the country illegally for 1 month and 11 days.

2. Refer 1 and it is not that expensive as your wife can do it by herself.

3. Your I797 is enough.

4. Better together.

5. Yes, truth.

[JoeF]

You always have to answer truthfully. They don't rip your head off if you forgot to file an extension.

[samuelebe]

Thanks alot for your replies. I am planning my trip and appointment with embassy.