Urgent Response on H4 I-94 expired 162 days back

[kumaraku]

Hi All,

Can any one plz urgently help with this scenario. I got H1B with my new employer on Nov 1 2014 and i joined them. Then my wife went to India on Nov 12th 2014 and came back in Jan 2015. While she was coming back she got i94 as per old employer's visa. I only recently checked herpassport and I-94 of her's online and it was showing till date as 15th April 2015. My new h1b is valid till April 2016 and her new H4 approval also same.
Now is my wife out of status and staying illegal. what is the immediate action we have to take. With this going through we are also not able to find her original H4 approval.
Please suggest what we have to do now. Can we apply for I539 and get it extended or does she need to leave the country and if she needs to go for visa again does she needs original H4 for that?

Thank you,
Kumar

[shervin143]

What is the expiry date of her most recent I-94? Was her H4 extension filed after she came back from India? If so, her approval would have come with a new I-94 attached to it and that is the most recent I-94. When is it expiring?

[kumaraku]

What is the expiry date of her most recent I-94? Was her H4 extension filed after she came back from India? If so, her approval would have come with a new I-94 attached to it and that is the most recent I-94. When is it expiring?

actually her H4 extension was filed and approved before she left to india and when she was back POE stamped I94 with old visa data which was valid till April 2015 only and i saw CBP site and the I-94 was showing only April 2015.

[shervin143]

Well, in that case her presence in the country is currently illegal. You better consult a good immigration attorney as soon as possible.

actually her H4 extension was filed and approved before she left to india and when she was back POE stamped I94 with old visa data which was valid till April 2015 only and i saw CBP site and the I-94 was showing only April 2015.