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Need help desperately on Expired H4

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  • Need help desperately on Expired H4

    Hi

    I am in desperate need of your help and support. I will really appreciate your suggestions in the my case.

    When we (my wife and I ) came first time to USA in Aug-97, We got our visa in our country. I got H1 and my wife got H4 visa. Then we went to India in 98 and came back on same visa in Dec-98. In March-99 I got new H1 visa and switched my employer. But visa on our passports were of my old previous employer. This visa was valid till only Jan-00. As result mine & my wife's visa expired on the Jan-2000.

    Can I go for the revalidation of our visa? Is she in unlawful status ? If she is in unlawful status, what can I do make her stay lawful?

    In the meantime I got the LC approved in Aug with the priority date 16-Dec-00. Which process do you suggest for third stage of Green Card Consulate processing or adjustment of status? Does my wife's status will create any problem in the final stage processing?

    Please reply back to me with your suggestions, I will be really grateful to you for your valuable suggestions.

    Thanks
    agnihp

  • #2
    You should have applied for her H4 extension when you applied for your H1 transfer.

    Apply for her H4 extension NOW. Then you can do H1/H4 revalidation by sending passports to St. Louis, MO.

    Alternatively, she can go to India and get her H4 stamped.

    Consular processing is better than AOS.
    Immihelp Support
    No legal advice. Use at your own risk.

    Visa and Greencard Tracker

    Visitor Medical Insurance for your visiting relatives.

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    • #3
      Thanks for reply. Could you pl. provide me more information

      Due to some confusion my company and I missed because I was their first employee who had the H1 status.

      Since my wife's visa expired in Jan-00, so she has been in unlawfull status for more than 6 months. If she leaves the USA, will she get the H4? Or they will force three year ban period on the her entry.

      My company is going to apply H4 now. I do not to take any chances now. I need youe sugestion. Applying for H4 after 7 months, will it trigger any other problem?

      Please help me in this difficult situation.

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