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  #1 (permalink)  
Old 04-01-2010, 01:20 PM
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Default Urgent - Forgot to apply H4 Extension, I-94 expired

Hi All,
My Wife’s I-94 expired on Jan 15, 2010 and I did not know that I had to apply for her H4 extension while applying for my H1B extension under regular processing on March 1, 2010.My employer also forgot to apply for H4 extension. Now that, it’s been more than 2 months with the I-94 expired, Can you please let me know what options I have to resolve this issue?

1.Can I upgrade my H1 Processing to Premium and add the H4 processing to it, so that both H1 and H4 are processed simultaneously?
2.If adding H4 while upgrading H1 to premium is not possible, Should I just upgrade my H1 to Premium so that I can know the results soon and have ample time (before the 180 days grace period) to apply for H4 extension(I-539).Is it true that H1B premium approval is risky compared to regular processing ?

3.Is it safe to go back to India within 180 days (after I-94 expiration) and get H4 stamping in her home country once I get my H1 Extension?

4.Should I just leave my H1B in regular processing and attach the H4 extension (I-539) to it? If attaching H4 is not possible, Can I file H4 separately and get it approved before 180 days expiration?

5.Once her H4 extension is approved, can she get her H4 VISA re-validated in US? Can she apply under “Nunc-pro-tunc” Category?

6.Does she have an option to attend H4 visa interview in Canada or Mexico as her Visa and I-94 are expired? If yes, is this better option than going to India?


Please reply.
Thanks in advance
Chinna
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  #2 (permalink)  
Old 04-01-2010, 04:22 PM
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Default act fast

hi,

It happened to me when my wife' s and my expiry dates were different.

Talk to your attorney and apply asap ....they may or may not use the “Nunc-pro-tunc” category , depends on the attorney.

Thanks



Quote:
Originally Posted by rChinna View Post
Hi All,
My Wife’s I-94 expired on Jan 15, 2010 and I did not know that I had to apply for her H4 extension while applying for my H1B extension under regular processing on March 1, 2010.My employer also forgot to apply for H4 extension. Now that, it’s been more than 2 months with the I-94 expired, Can you please let me know what options I have to resolve this issue?

1.Can I upgrade my H1 Processing to Premium and add the H4 processing to it, so that both H1 and H4 are processed simultaneously?
2.If adding H4 while upgrading H1 to premium is not possible, Should I just upgrade my H1 to Premium so that I can know the results soon and have ample time (before the 180 days grace period) to apply for H4 extension(I-539).Is it true that H1B premium approval is risky compared to regular processing ?

3.Is it safe to go back to India within 180 days (after I-94 expiration) and get H4 stamping in her home country once I get my H1 Extension?

4.Should I just leave my H1B in regular processing and attach the H4 extension (I-539) to it? If attaching H4 is not possible, Can I file H4 separately and get it approved before 180 days expiration?

5.Once her H4 extension is approved, can she get her H4 VISA re-validated in US? Can she apply under “Nunc-pro-tunc” Category?

6.Does she have an option to attend H4 visa interview in Canada or Mexico as her Visa and I-94 are expired? If yes, is this better option than going to India?


Please reply.
Thanks in advance
Chinna
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  #3 (permalink)  
Old 04-02-2010, 10:50 AM
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Default

First apply for H4 asap. It is simple to file H4 extension. I also forgot to file extension for my wife. I realized after a month and applied. luckily her h4 was approved. my attorney told if we dont get the extension within 180 days she has to leave the country and get stamped. Any way talk to attorney. apply for extension and wait until another 3 months.if you dont get it then leave the country and come back.
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  #4 (permalink)  
Old 04-02-2010, 12:20 PM
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anil is on a distinguished road
Arrow Evaluate your options

I would rather fight it here without sending her to India (it happened to me). If you (primary) are living here legally with all your past H1's available in hand, then you hire a gora lawyer. Don't go to Murthy or Rajiv Khanna, they charge hefty. Basically what you need to do is -
1) Your wife writes an affidavit on legal note explaining the whole story that she forgot, but has been maintaining the status legally until then. (the lawyer will help you with this). You have to build a case they you are living legally with a good intent but just forgot to renew...
2) Attach all H1/H4 copies of yourself and her with I-94.
3) Fill in H4 renewal application
3) Have the lawyer send all paperwork it to INS asap

When INS sees the legal note from attorney, they understand the case is legitimate and mostly approve her H4 renewal. This is what I did when it happened to my wife, and it got approved. However we delayed by 2 weeks. Worst case, you would fight the case in a federal court to prove your innocence, and they just approve it then.
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  #5 (permalink)  
Old 04-02-2010, 01:19 PM
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Default

Quote:
Originally Posted by rChinna View Post
Hi All,
My Wife’s I-94 expired on Jan 15, 2010 and I did not know that I had to apply for her H4 extension while applying for my H1B extension under regular processing on March 1, 2010.My employer also forgot to apply for H4 extension. Now that, it’s been more than 2 months with the I-94 expired, Can you please let me know what options I have to resolve this issue?

1.Can I upgrade my H1 Processing to Premium and add the H4 processing to it, so that both H1 and H4 are processed simultaneously?
2.If adding H4 while upgrading H1 to premium is not possible, Should I just upgrade my H1 to Premium so that I can know the results soon and have ample time (before the 180 days grace period) to apply for H4 extension(I-539).Is it true that H1B premium approval is risky compared to regular processing ?

3.Is it safe to go back to India within 180 days (after I-94 expiration) and get H4 stamping in her home country once I get my H1 Extension?

4.Should I just leave my H1B in regular processing and attach the H4 extension (I-539) to it? If attaching H4 is not possible, Can I file H4 separately and get it approved before 180 days expiration?

5.Once her H4 extension is approved, can she get her H4 VISA re-validated in US? Can she apply under “Nunc-pro-tunc” Category?

6.Does she have an option to attend H4 visa interview in Canada or Mexico as her Visa and I-94 are expired? If yes, is this better option than going to India?


Please reply.
Thanks in advance
Chinna
Just apply her H4 asap. No need to upgrade your pending H1 extension to PP (unless your employer is paying for it). Only your H1 application will be processed under PP. They will process H4 under normal processing. Both applications are processed under PP only when they are applied together. There is no separate PP service for I-539 application. I don't see a big issue here since not much time has passed since her H4 expiry. I have seen worst cases, more than 2 yrs before realizing H4 expiration. Like others suggested, no need for her to travel outside the country for stamping. Just file I-539 asap and go from there.
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  #6 (permalink)  
Old 04-02-2010, 02:18 PM
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Default

As other posters have said, your wife should file her H-4 extension ASAP, requesting a backdated (nunc pro tunc) approval. I have done a number of similar cases and had them approved, but this is no guarantee that your wife's would be approved. She does need to explain the delay in filing, and be prepared to leave the US if there is no decision on her extension by about mid-July.
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  #7 (permalink)  
Old 10-20-2011, 07:43 PM
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mahals6276 is on a distinguished road
Default H4 Extension with expired I94

I am also in same situation as RChinna. I have some questions.

H4 visa and I-94 expired in Aug. Primary H1 valid until 05/2012

1. If I apply for I539 should I leave the country after applying or wait for approval. I will make sure I don't reach 180 days limit.
2. Can I lawfully stay in US until my application is pending or I have to leave as I am applying after I94 is expired.

Please reply.
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  #8 (permalink)  
Old 02-10-2014, 01:15 AM
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myvisastatus is on a distinguished road
Default @rChinna

@rChinna,

Will you please let me know what did you do in that situation? What was the outcome of that? What would you suggest to somebody in similar situation?

Please let me know. I am also in the similar situation. Thanks in advance.
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  #9 (permalink)  
Old 02-10-2014, 08:27 AM
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Post

Just apply yourselves if you don't have company's Attorney.
But do it ASAP.

Quote:
Originally Posted by computer_gig21 View Post
First apply for H4 asap. It is simple to file H4 extension. I also forgot to file extension for my wife. I realized after a month and applied. luckily her h4 was approved. my attorney told if we dont get the extension within 180 days she has to leave the country and get stamped. Any way talk to attorney. apply for extension and wait until another 3 months.if you dont get it then leave the country and come back.
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  #10 (permalink)  
Old 02-10-2014, 01:30 PM
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Default

Quote:
Originally Posted by Murthy View Post
Just apply yourselves if you don't have company's Attorney.
But do it ASAP.
Hello Murthy,

Thanks for the reply. Here is my Q in particular:

http://immigrationvoice.org/forum/fo...h4-to-h1b.html (RFE on COS for H1B to H4; RFE on COS for H4 to H1B)

I would be thankful, if you can help me in particular with my situation as well. Thanks.
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  #11 (permalink)  
Old 12-16-2015, 08:22 PM
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Default If h4 were in india do you need to raise extension for her also

Hi,
Please reply on my case.
My (H1b) and my wife (H4b) Visa expire on 11 oct 2015 before that date my wife went to india.
I applied my extension but i forgot to apply my wife h4 visa.
I got approval can my wife go for stamping with my documents and till now i have not apply her extension as company say no need to apply dependent extension if she in INDIA.
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  #12 (permalink)  
Old 12-16-2015, 09:43 PM
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Yes it is correct H4 extension I-539 is not applicable if H1B dependents are in home country.
Your spouse can go for stamping and get H4 visa stamped based on your H1B approval. You should send copy of approved H1B preferably Notarized along with other necessary required documentation.

Quote:
Originally Posted by vibhor.sonu View Post
Hi,
Please reply on my case.
My (H1b) and my wife (H4b) Visa expire on 11 oct 2015 before that date my wife went to india.
I applied my extension but i forgot to apply my wife h4 visa.
I got approval can my wife go for stamping with my documents and till now i have not apply her extension as company say no need to apply dependent extension if she in INDIA.
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  #13 (permalink)  
Old 12-20-2015, 07:10 PM
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Default

Quote:
Originally Posted by Murthy View Post
Yes it is correct H4 extension I-539 is not applicable if H1B dependents are in home country.
Your spouse can go for stamping and get H4 visa stamped based on your H1B approval. You should send copy of approved H1B preferably Notarized along with other necessary required documentation.
This is the second time stamping with same company same project can she apply for drop box facility as i am eligible for drop box facility as my visa fall under all categories.
Please reply for the same.
thanks in advance
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  #14 (permalink)  
Old 10-23-2017, 11:26 AM
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shweta@046 is on a distinguished road
Default H4 Visa Expired

Quote:
Originally Posted by martinvisalaw View Post
As other posters have said, your wife should file her H-4 extension ASAP, requesting a backdated (nunc pro tunc) approval. I have done a number of similar cases and had them approved, but this is no guarantee that your wife's would be approved. She does need to explain the delay in filing, and be prepared to leave the US if there is no decision on her extension by about mid-July.




Hello Friends

Need a information on my Wife H4 approval

My H1 was approved and i missed to apply the H4 for my wife and daughter and applied immdedaitly after realizing but it was applied after 2 months after thier i94 expiration.
we applied with a cover not to USCIC that we are waiting for the approval for their H4

I have below questions ,please help me to get the answer

1)How many months can my wife stay in USA because their i 94 was expired in July and H4 extension was filed after 2 months
also currenltly there is no premium processing and its taking much time,do they need to go back to india if they cross 6 months of stay after i94 is expired?

2)Can i change employer during this period ?if Yes what is the process?




Can you please update i have the same issue now forgot to file H4 extension and we have filed extension after 45 days of unlawfull stay

My wife is pregnant and its a risk to travel now



Pls pls help to get answers



Regards

Regards
Kumar
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