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H4 Stamping and I-94 expired before 5 months

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  • H4 Stamping and I-94 expired before 5 months

    Hi,

    I know this is the most common question but I want little more info.

    My wife is on H4. Her I94 and stamp expired before 5 months. She just delivered a baby on 1st of Jan,2017. She is planning to leave the country and will go for the stamping in India Bombay.

    Below are my questions.

    1. Can I choose United Airlines or American Airlines to go directly to India? (NY to Bombay) with expired stamp?

    2. Is she eligible for dropbox?

    3. If not and she go for the stamping, does she need to go for fingerprinting?

    3. What are questions the interviewer might ask during the stamping interview?

    All of your help will be appreciated !

  • #2
    Originally posted by mcasanket View Post
    Hi,

    I know this is the most common question but I want little more info.

    My wife is on H4. Her I94 and stamp expired before 5 months. She just delivered a baby on 1st of Jan,2017. She is planning to leave the country and will go for the stamping in India Bombay.

    Below are my questions.

    1. Can I choose United Airlines or American Airlines to go directly to India? (NY to Bombay) with expired stamp?

    2. Is she eligible for dropbox?

    3. If not and she go for the stamping, does she need to go for fingerprinting?

    3. What are questions the interviewer might ask during the stamping interview?

    All of your help will be appreciated !
    Any specific reason she violated her status by overstaying without applying for an extension?

    Comment


    • #3
      Originally posted by raghvi View Post
      Any specific reason she violated her status by overstaying without applying for an extension?
      Hi, thanks for the reply. Actually we relayed on my employer but they didn't filed it. This side we thought until my h1 is good she is good. In fact we never knew this needs to be done.

      Comment


      • #4
        Originally posted by mcasanket View Post
        Hi, thanks for the reply. Actually we relayed on my employer but they didn't filed it. This side we thought until my h1 is good she is good. In fact we never knew this needs to be done.
        If the out of status/illegal period is less than 180 days, it may still be acceptable. She is eligible for Dropbox though.

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          If the out of status/illegal period is less than 180 days, it may still be acceptable. She is eligible for Dropbox though.

          This is my opinion not legal advice.
          Thanks for your time! I talked with a lawyer here and he said as she is in unlawful period she will not be eligible for Dropbox! But I think after filling the DS-160 and while taking the appointment I will come to know whether she is eligible for Dropbox or not! I believe!

          Also United Airlines or American Airlines are fine which flies directly to India non stop!?

          I appreciate your time !

          Comment


          • #6
            Originally posted by mcasanket View Post
            Thanks for your time! I talked with a lawyer here and he said as she is in unlawful period she will not be eligible for Dropbox! But I think after filling the DS-160 and while taking the appointment I will come to know whether she is eligible for Dropbox or not! I believe!

            Also United Airlines or American Airlines are fine which flies directly to India non stop!?

            I appreciate your time !
            Yes the airline should be fine.

            This is my opinion not legal advice.

            Comment


            • #7
              Originally posted by raghvi View Post
              Yes the airline should be fine.

              This is my opinion not legal advice.
              Hi,

              As I moved to another state my employer put my H1B for amendment in normal process which was pending till today.

              My employer has put (requested to put the same application in premium) my H1B in premium processing and clubbed with my wife's I-539 for extension. My employer has received email containing the receipt number for my visa. Today in the mailbox I received a letter from USCIS providing my wife's receipt.

              Now I am not sure whether they will process my wife's I-539 in premium processing or not! As my amendment was already going on in normal processing.

              Thanks

              Comment

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