H4 - I94 expired, no new petition filed

[trushna]

Hi,

I am on H4. My Visa and 194 was valid till 12Apr12. My husband transferred his H1 of co.B and has his I-797 approval and I94 till 2013. Were as we never filed for my new I797 for H4. Now I am also pregnant (5months).
What is the possibility of extending my H4 and getting new I94, since I can't even travel back home and its been only 3 days since my I94 has expired whats the best think I can do? Can going to a good lawyer get me an extended I94.
Please reply I am worrying a lot.

[sunny1000]

Hi,

I am on H4. My Visa and 194 was valid till 12Apr12. My husband transferred his H1 of co.B and has his I-797 approval and I94 till 2013. Were as we never filed for my new I797 for H4. Now I am also pregnant (5months).
What is the possibility of extending my H4 and getting new I94, since I can't even travel back home and its been only 3 days since my I94 has expired whats the best think I can do? Can going to a good lawyer get me an extended I94.
Please reply I am worrying a lot.

Yes, contact the murthy law firm. There is something call nunc-pro-tunc. It may apply in your case. Good luck.

[hrpatel34]

Friends,

My wife is on H4. In June 2010, I changed company, New Company applied h1 & h4 for us. My Wife left for India on Nov 9, 2010. Our h1 & H4 approved with Notice Date Nov 4, 2010. Our attorney get approvals after my wife left for India. My brother-in-law was going India in same month. I gave him approvals. He passed them to my wife. On Jan 11, 2011, my wife came back through Newark with my 1 yr old baby. On airport she showed new approval (valid through 11/4/2010 - 9/27/2012). She had visa (14 sept 2011) with old approval which is valid through 27 sept 2011. Officer asked for approval which used to get visa. She showed that too. Officer issued an I94 with date 24 Spt 11. New approval is valid till 27 Sept 12. As my baby was with her at that time, she did not checked date of I94. I talked to my attorney while my wife was in india. She told us that my wife will be admitted with new extension for full duration of that extension so we assumed the date is sept 12. In sept 11 we have some unavoidable personal issue which did not allow us to look at any document. Few days back, my attorney asked me for documents so she can renew out visas. At that time I came to know about her I94. She is out of status for more than 180 days. So we have few question.

1. Attorney ask to go to POE to correct I94. If I describe the issue to POE, will they correct I94?

2. My nearest POE is Newark, MY attorney advised me to go to JFK as Newark is hard to convince. What should I give reason If JFK office ask for reason for choosing JFK?

3. Is there any other way to correct I94?

4. Do anyone has any experience at JFK or Newark?

Your reply would be of great help?

Please forgive me for entering in this post too.

[trushna]

Hi,

My extension of status is filled on 8th day after expiration of I94under nunc pro tunc. Is there any 10 day grace period after expiration for filling 1539. What are my odds of getting approved. How long should it take? Please reply?