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H1 Approved but H4 not applied mistakenly

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  • H1 Approved but H4 not applied mistakenly

    Hi,

    It is very unfortunate that H4 petition was not tied to the H1 COS petition accidentally.
    But the information is realized later October 2nd week. Now My H1 and I94 is valid but my wife is still on L2.
    When I spoke to few, their advise is to apply for the H4 immediately. My Wife and children is here in US currently.

    Can someone advise me please.
    Is this OK or to send my family india immediately.

  • #2
    Your family is out of status now, from the date your status changed to H1. They should leave US ASAP. Then apply for H4 from your home country.

    --This is my personal opinion, not a legal advice. You may consult an Immigration attorney for legal advice.
    Last edited by binoca82; 10-13-2012, 08:28 PM.

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    • #3
      The above is correct.
      This is my opinion and not legal advice.

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      • #4
        Even valid I94?

        I94 is valid for family till 2013? Someone has mentioned it is ok to apply the H4 petition immediately, and family can still stay.
        So confused.

        Please help folks.

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        • #5
          Originally posted by merampr View Post
          I94 is valid for family till 2013? Someone has mentioned it is ok to apply the H4 petition immediately, and family can still stay.
          So confused.

          Please help folks.
          The I-94 they had was tied to their L2 status. Since you are no longer on L1 they are no longer on L2 and they should be on H4. If they dont have H4 associated I-94 they are illegal and out of status. You should have applied for L2 to H4 now its too late as L2 status itself is invalid for them one cannot do a Change of Status when out of status. Advisable to leave US, file H4 outside US and return back after getting H4 stamped. The longer the out of status period more difficult it will be to get a new visa.

          This is my opinion not legal advice.

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          • #6
            Consult a lawyer, they may be able to file a backdated petition if they can prove that your spouse and dependents were not properly informed or could file the change of status because of some unavoidable circumstances.
            This is my opinion and not legal advice.

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