antri
10-15-2009, 01:51 AM
When I changed my job from company A to Company B, my wife was in India and for that reason Company B did not take care of my wife's H4 visa transfer along with my H1 transfer. She came back here last year with a valid H4 visa previously sponsored by company A. I was under the impression that her I-94 was automatically extended with my new I-94. Of course, I was wrong.
I spoke with the attorney office associated with company B and he suggested to file mercy and extension. They also suggested not to leave the country now. They are charging a huge amount for this and telling that they are not sure about the success of getting an approval.
Total estimated cost will be anywhere between $7k-$10K.
There are some points which proves she was not trying to do anything unlawfully when she was out of status. Can all these facts be used to make this case stronger?
* She has an Instructor permit for state of Nevada, which is still valid. As per Nevada state law, you can get an ID upto your valid stay period. That time they verified her I-94 and my new I-94 and issued the Instructor permit.
* She has appeared for various exams, which proves that she was planning to study here lawfully.
* I have been paying for her various insurances.
As a matter of fact, these above said facts made us believe that her stay here was okay with my new I-94.
Is there any possibility of getting a ban waiver?
Will it be right if she leaves the country now and then appeal for a ban waiver?
Did anybody come across similar situation or at least heard of it?
I would appreciate if you can post your reply ASAP.
I spoke with the attorney office associated with company B and he suggested to file mercy and extension. They also suggested not to leave the country now. They are charging a huge amount for this and telling that they are not sure about the success of getting an approval.
Total estimated cost will be anywhere between $7k-$10K.
There are some points which proves she was not trying to do anything unlawfully when she was out of status. Can all these facts be used to make this case stronger?
* She has an Instructor permit for state of Nevada, which is still valid. As per Nevada state law, you can get an ID upto your valid stay period. That time they verified her I-94 and my new I-94 and issued the Instructor permit.
* She has appeared for various exams, which proves that she was planning to study here lawfully.
* I have been paying for her various insurances.
As a matter of fact, these above said facts made us believe that her stay here was okay with my new I-94.
Is there any possibility of getting a ban waiver?
Will it be right if she leaves the country now and then appeal for a ban waiver?
Did anybody come across similar situation or at least heard of it?
I would appreciate if you can post your reply ASAP.