sid_usr Posted February 12, 2015 Report Share Posted February 12, 2015 Hello, My husband converted from L1 to H1 starting Oct 2014. However his new employer forgot to apply for H4. We learnt about this only after 2 months and we filed H4 with nunc pro tunc through his attorney on Nov 24 2014. The case has not been initiated in Vermont center due to delays and uscis website still shows Aug 16 2014. This means I will not get an approval before March I will be out of status for 180 days and I will have to travel back to India to avoid a ban. Here are my queries: 1. Can a H4 be filed along with H1b transfer via premium processing? 2. If I travel out of US, will the pending case will be dismissed? 3. How will this out of status affect my future ability to apply H1b to work? 4. Will it affect our green card processing in future? 5. Is there any other way I can resolve this issue? Pls help!! TIA! Link to comment
jairichi Posted February 13, 2015 Report Share Posted February 13, 2015 Just exit immediately and enter with a valid H4 visa and a copy of your spouse's I797. Link to comment
sid_usr Posted February 24, 2015 Author Report Share Posted February 24, 2015 Thanks for your response Jairichi. My I-94 is valid till Sep 2016. Does this leave me with out of status or authorized stay? Link to comment
jairichi Posted February 24, 2015 Report Share Posted February 24, 2015 Thanks for your response Jairichi. My I-94 is valid till Sep 2016. Does this leave me with out of status or authorized stay? That I94 is for L2 which is no longer valid. Link to comment
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