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  #1 (permalink)  
Old 04-19-2009, 10:01 PM
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jewel001 is infamous around these parts jewel001 is infamous around these parts
Default H4 Expired - Requested to help urgent

Hello Gurus,

I am on H1B visa, I came in USA alone on 10 Feb '06 and the visa was valid till to 30 Sept '08. After that I have filed my wife's H4 and she got stamped till to 30 Sept '08, But before she will arrive to USA I have transferred my H1B to other employer in Oct '06 and I got new visa which is valid till to Sept '09. My wife came to USA in Feb '07 with the valid visa till to 30 Sept '08 as per my old employer's H1B visa.

Now at this moment I realize that I have to file her H4 extension on the base of new H1 but it is too late now her visa is already expire on 30 Sept ’08. Meanwhile this time we blessed with a boy on 16 May ‘08.

So now what should I do for her H4 extension?

Please advice me about this situation.

I would really appreciate your help. Please reply me as soon as you can.

Thanks
~J
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  #2 (permalink)  
Old 04-20-2009, 12:08 AM
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Default Talk to attorney

Quote:
Originally Posted by jewel001 View Post
Hello Gurus,

I am on H1B visa, I came in USA alone on 10 Feb '06 and the visa was valid till to 30 Sept '08. After that I have filed my wife's H4 and she got stamped till to 30 Sept '08, But before she will arrive to USA I have transferred my H1B to other employer in Oct '06 and I got new visa which is valid till to Sept '09. My wife came to USA in Feb '07 with the valid visa till to 30 Sept '08 as per my old employer's H1B visa.

Now at this moment I realize that I have to file her H4 extension on the base of new H1 but it is too late now her visa is already expire on 30 Sept ’08. Meanwhile this time we blessed with a boy on 16 May ‘08.

So now what should I do for her H4 extension?

Please advice me about this situation.

I would really appreciate your help. Please reply me as soon as you can.

Thanks
~J
Your wife is certainly out of status. But this can be fixed and please do get in touch with your attorney and they can rectify the situation and one way is Nunc pro tunc. Attorney will know more about it.

Since your wife is out of status for more than 6 months, this might have implications when you file for your green card. Again, please do check the details with the attorney.
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  #3 (permalink)  
Old 04-20-2009, 01:09 AM
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jewel001 is infamous around these parts jewel001 is infamous around these parts
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Thanks for quick response. Do u have any lawyer in your mind who have handle this kind of case so please send me his contact details.
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  #4 (permalink)  
Old 04-20-2009, 02:52 AM
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You need to file a nunc pro tunc case for H4 status extension - Any attorney should be able to do that. Check the attorney ads on IV homepage, and contact them

Heres more info
http://www.murthy.com/news/n_nunpro.html
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