H4 Expired

[arsk]

Hi,

One of my close friend is in big trouble. We need your help very much. Here is the problem.

My friend is on H4 status, his wife is on H1. His and her visa expired on Nov 2000 (I-94 also expired in Nov 2000). Her Employer applied for extension for only H1 and it was approved, some reason they forgot to apply H4. And my friend did realize until May 2001. They applied for H4 approval in May 2001. Recently they got rejection from INS. The reason they mentioned is "didn't apply with in the time".

My questions are:
1. Can they file for approval again? How can they file again?
2. Is it possible to get H4 stamp in India on his wife's fresh H1?
3. What are the problems we get in future?

Please Advise us what should we do face this situation.

Thanks in advance.

[Gabejack]

I would say wait it out for 245(i) and apply for Permanent Residency. The spouse has ben out of H-4 status for too long now. If he or she leaves the country, he may be barred from returning to the U.S. for three years.

[Jim M123]

Your friend should have requested "nunc pro tunc" (now for then) approval of the H-4 extension. I've seen these approved after longer than this.

Jim

[msushil]

Hello Jim,

Can you be a little bit more specific on this !! What forms do we have to fill in for the "nunc pro tunc" (now for then) approval of the H-4 extension.

Thanks


Sushil

[venugs]

Hi,
I am also in the same situation except my wife's visa is still valid for 1 more month. Can you guys enlighten what form should I use to apply for H-4 extension to INS.

Thanks in advance.
Venu.

[muskuusha]

Hi Jim....i am in big trouble.my daughter's(6 and 1/2 yrs) h4 visa has expired on oct 15th 2001.we have not filed for i539. i am ready with all the papers to file for the i539. please let me know what this 'nunc pro tunc' is....

desperately waiting for reply...

my e-mail id is musku_usha@hotmail.com


thx in advance...

[justindian2]

Hi there!
This looks like a really new topic. Do you mind sharing some info on that like how it applies to H4 and what approach we need to follow or at least where we can find some info on that.

My Email address: justindian@hotmail.com

Thanks a lot in advance

[snettyam]

Hi,

Sorry to know that you are in trouble. I am also in the same situation, My wifes H4 visa and I94 got expired more then 6 months back(On June29 2002).

So can you advise us on the right course of action.

What did you do when the visa got rejected.

Thanks
Sunil

[arun19]

i am also in the same situation as you are.Let me know how you resolved this.

my email id annamalai1000@yahoo.com

[tcsonly]

Hi,

I am on H1B visa which expired on Oct/8/2004 and received the extension for two more years through my employer. But the extension for my wife's H4 (I-539) was not filed along with mine. I just realised today about this through my attorney. Meanwhile, I took an appointment with the US consulate at Canada for my H1B extension and my wife's H4 extension stamping.

1. Since she doesn't have a valid H4 extension document, can I take her to the US consulate along with me and get her extension stamped.

2. Will the Consulate agree to extend/stamp her H4 visa based on my H1B extension stamping?
3. If not, what are my options ?

Thanks,
TCS