H4 Visa -I-94 out of status

[kittu4sush]

Hi

I came to US in 2012 on L2 visa with my husband (L1 visa) and have my i-94 stamped till April 2014.My husband changed his status from L1 to H1 effective from Nov 2013 to Nov 2015 and his employer forgot to apply my H4 .so i went out of status from Nov 2013 at a later date his employer applied my H4 and requested for a back dated visa under "nunc pro tunc" and my H4 got approved without back dated i-94.So on my H4 visa i have my i-94 from Aug 2014 to Nov 2015 missing the i-94 from Nov 2013 to Aug 2014.Now, i am planning to visit India .Please suggest on:

1) Would there be any issues for my re-entry to US? How safe is to go for my H4 stamping in India?
2)Is my L2 i-94 valid still April 2014 ?

[raghvi]

Hi

I came to US in 2012 on L2 visa with my husband (L1 visa) and have my i-94 stamped till April 2014.My husband changed his status from L1 to H1 effective from Nov 2013 to Nov 2015 and his employer forgot to apply my H4 .so i went out of status from Nov 2013 at a later date his employer applied my H4 and requested for a back dated visa under "nunc pro tunc" and my H4 got approved without back dated i-94.So on my H4 visa i have my i-94 from Aug 2014 to Nov 2015 missing the i-94 from Nov 2013 to Aug 2014.Now, i am planning to visit India .Please suggest on:

1) Would there be any issues for my re-entry to US? How safe is to go for my H4 stamping in India?
2)Is my L2 i-94 valid still April 2014 ?

1. Maintaining valid status was your own responsibility and the employer is not responsible for it. Technically you were out of status from Nov 2013 till Aug 2014. In order to avoid further complications and issues, its better to start with a clean slate by going for stamping, even if risky, is the only option.
2. Your L2 visa , status, and associated I-94 ceased to hold any meaning from the time your spouse moved from L1 to H1.

This is my opinion not legal advice.

[kittu4sush]

Does the 3 year ban or any other complications for visa stamping arise if I go for stamping

1. Maintaining valid status was your own responsibility and the employer is not responsible for it. Technically you were out of status from Nov 2013 till Aug 2014. In order to avoid further complications and issues, its better to start with a clean slate by going for stamping, even if risky, is the only option.
2. Your L2 visa , status, and associated I-94 ceased to hold any meaning from the time your spouse moved from L1 to H1.

This is my opinion not legal advice.

[raghvi]

Does the 3 year ban or any other complications for visa stamping arise if I go for stamping

Yes possible, also complications as and when you file your GC. I would suggest you talk to a good lawyer before deciding the next steps.

This is my opinion not legal advice.

[kittu4sush]

Friends , if any body has experienced this type of situation please advice me. Can I go to India for stamping and get back without the ban?
urgent please help me with possible options.

[raghvi]

I would say dont waste much time. Your case, because of the late reaction is going to be complicated and would need expert advice. Dont delay, approach a lawyer.

This is my opinion not legal advice.