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Hi,
I finally got an approval notice for my H1b extension after a long RFE process. For both me and my wife, the original (1st leg) H1b / H4 was expired on 09/12/2018.
After a short joy, I found quickly our corporate lawyer forgot to file my wife's I-539 when he filed my case for extension. That means she has been out of status since Sep 13.
What would be the best option for us? After a long discussion with my lawyer I found there are two options: she needs to do consular processing either 1) in Canada (could be anywhere but Canada is the easiest option for us), or 2) in our home country, and she needs to do that asap.
Canada has lots of advantage since it is close and easy to go. However, since she has been out of status, I worry the consular there will not be positive toward the case. I found a law firm article that states "third-country national processing (applying for a visa at a consulate other than in your home country) is not available for people who have been out-of-status in the United States" - is this true for Canadian consulate as well?
In the case things do not work well, she will need to stay in Canada alone to fix that (she can't come back to the US since her visa has been expired) for whatever the required period is, or might need go back to the home country to do the consular processing there.
Please let me know - it seems a mistake will cost us dearly...
Thanks!!
I finally got an approval notice for my H1b extension after a long RFE process. For both me and my wife, the original (1st leg) H1b / H4 was expired on 09/12/2018.
After a short joy, I found quickly our corporate lawyer forgot to file my wife's I-539 when he filed my case for extension. That means she has been out of status since Sep 13.
What would be the best option for us? After a long discussion with my lawyer I found there are two options: she needs to do consular processing either 1) in Canada (could be anywhere but Canada is the easiest option for us), or 2) in our home country, and she needs to do that asap.
Canada has lots of advantage since it is close and easy to go. However, since she has been out of status, I worry the consular there will not be positive toward the case. I found a law firm article that states "third-country national processing (applying for a visa at a consulate other than in your home country) is not available for people who have been out-of-status in the United States" - is this true for Canadian consulate as well?
In the case things do not work well, she will need to stay in Canada alone to fix that (she can't come back to the US since her visa has been expired) for whatever the required period is, or might need go back to the home country to do the consular processing there.
Please let me know - it seems a mistake will cost us dearly...
Thanks!!
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