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  #1 (permalink)  
Old 04-29-2007, 09:50 PM
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Priority Date
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May-08
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N/A
I140 Mailed Date
:
10/30/2008
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:
India
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Default Wifes I 94 expiration

Gurus Pls help

I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?

Thank u
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  #2 (permalink)  
Old 04-29-2007, 10:20 PM
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Priority Date
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Oct-03
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EB2
I140 Mailed Date
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07/14/2006
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India
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I-485
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08/09/2007
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did u file the i539 along with your i129 application..?
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  #3 (permalink)  
Old 04-29-2007, 11:40 PM
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Priority Date
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Jul-03
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I140 Mailed Date
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08/01/2004
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:
04/10/2005
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Quote:
Originally Posted by munnu77
Gurus Pls help

I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?

Thank u
Why don't you apply your H1B in premium rather. Strictly speaking she has have gone out of status. But at the worst case, the USCIS will just approve her I-539 as non extension of status (which means she doesn't get a new I-94 with the extension and rather just gets a H4 approval and would be asked to go to the home consulate for visa stamping and reentry.) . Hence my bet would be to wait for her I-539 approval and then make the decision. But most likely her I-539 extension of status would be just approved (ie she would get a new I-94 with new extension date ) and she doesn't have to travel back to the consulate.
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