Wife's H4 and I-94 expired

[mcasanket]

Hi all,

My wife's H4 and I-94 expired before five months but she has not crossed 180 days yet.

My employer earlier amended my h1 in normal process as I moved to another state. After we came to know about my wife's I-94 case, my employer immediately sent a new application to put my existing h1 amendment in premium processing and they also added my wife's I-539 along with it.

Very next day they received conformation my case saying they have received it and working on it. After 3 days I received my wife's receipt in the mail box.

Below are my questions
1. Will they process my wife's I-539 in premium processing (along with my H1)?

2. As my H1B amendment was already filed before in normal process, will it affect in any way to allow them to do I-539 in premium!?

Any help will be appreciated!
Thanks

[raghvi]

Hi all,

My wife's H4 and I-94 expired before five months but she has not crossed 180 days yet.

My employer earlier amended my h1 in normal process as I moved to another state. After we came to know about my wife's I-94 case, my employer immediately sent a new application to put my existing h1 amendment in premium processing and they also added my wife's I-539 along with it.

Very next day they received conformation my case saying they have received it and working on it. After 3 days I received my wife's receipt in the mail box.

Below are my questions
1. Will they process my wife's I-539 in premium processing (along with my H1)?

2. As my H1B amendment was already filed before in normal process, will it affect in any way to allow them to do I-539 in premium!?

Any help will be appreciated!
Thanks

1. No guarantee.
2. No Guarantee.

Your spouse is currently staying illegally. Advisable to take guidance from a good attorney and take action.

This is my opinion not legal advice.

[mcasanket]

1. No guarantee.
2. No Guarantee.

Your spouse is currently staying illegally. Advisable to take guidance from a good attorney and take action.

This is my opinion not legal advice.

Thanks for your reply! Yes we have talked with lawyer and they said it is better to leave the country and come back. However they said we can file non pro tunc but I don't want to go to that route.

We will wait one more week to see the H1B and I-539 results. If they don't approve my wife's I-539 then she will leave the country at the earliest!