Urgent - Forgot to apply H4 Extension, I-94 expired

[rChinna]

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.

[shervin143]

You cannot file for extension of stay for her as her I-94 has already expired. The only possible option for her is to leave the country and re-enter with a valid H4 visa. There is no such thing as 180 days grace period. In order to avoid unnecessary complications, she should leave the country immediately. If the illegal stay crosses 180 days, then she could be banned for 3 years.

[scorpio811]

I have a similar problem. My wife had applied for H4 extension before the I 94 expiry date, but the Attorney had applied for the extension from a future date. Now the I 94 has expired & she has a pending application for H 4 extension from next month. What would be her status now?
I am fine as I have a Concurrent H1B to back me

[shervin143]

If the attorney has applied for the H4 with a future start date, then the time between the current I-94 expiry date until the next I-94 effective date will be treated as illegal stay. Talk to the attorney to see if they can work iwth USCIS to file an amendment to the pending extension.

I have a similar problem. My wife had applied for H4 extension before the I 94 expiry date, but the Attorney had applied for the extension from a future date. Now the I 94 has expired & she has a pending application for H 4 extension from next month. What would be her status now?
I am fine as I have a Concurrent H1B to back me

[Rajendrakg]

hi,

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

Hi...my employer forgot to file for my wife's and two Kids H4 extension along with my H1B extn (applied on May 16th, 2016 and currently under initial review status). Both of our i94's got expired on Sep 30, 2016. I was assuming we both will have only one receipt no for our extensions, and hence didn't bother much, thinking we're legal to stay being our extension under processing. Now that I realize my wife & Kids is out of status since 2 months and asked my employer to file for her extn immediately. Could you please let me know how this case is treated by USCIS ?

Can someone suggest what can be done now ?

[Chanduuu]

On same boat let me know the status of ur yours

Hi
I am on h4. My husband and me got h1 and h4 through empA . Before I came here he transferred to empB. I came here with old visa only. I got i94 until sep 15 2016. While my husband employer is filing his extension(he has valid 194 till march 19) in dec 2016 he knew that my i94 got expired. His employer filed extension for h1b and h4(already i94 got expired for h4) at a time. Luckily v got extension at jan15. But my question is I got my(h4) new i94 from march19 2017. There is gap between my expired and new i94 is ( sep15 2016 to mar 19 2017) 185 days what I have to do now ???? Please suggest me that I m staying legall or illegal presently I don't have 194 and my new i94 date is two months later from the present date. Plz help me.

hi,

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

Hi...my employer forgot to file for my wife's and two Kids H4 extension along with my H1B extn (applied on May 16th, 2016 and currently under initial review status). Both of our i94's got expired on Sep 30, 2016. I was assuming we both will have only one receipt no for our extensions, and hence didn't bother much, thinking we're legal to stay being our extension under processing. Now that I realize my wife & Kids is out of status since 2 months and asked my employer to file for her extn immediately. Could you please let me know how this case is treated by USCIS ?

Can someone suggest what can be done now ?

[Chanduuu]

On same boat plz update ur status once u know

Hi

hi,

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

Hi...my employer forgot to file for my wife's and two Kids H4 extension along with my H1B extn (applied on May 16th, 2016 and currently under initial review status). Both of our i94's got expired on Sep 30, 2016. I was assuming we both will have only one receipt no for our extensions, and hence didn't bother much, thinking we're legal to stay being our extension under processing. Now that I realize my wife & Kids is out of status since 2 months and asked my employer to file for her extn immediately. Could you please let me know how this case is treated by USCIS ?

Can someone suggest what can be done now ?