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  • overstay

    Hi,

    My husband is on H1-B visa and I am on H4 visa. Both our visas were expiring. So we applied for visa extension through his employer's immigration attorney. We submitted documents including my passport copy with my visa stamped on it to the attorney.

    My husband received his H1 extension and now we have found out that the attorney did not apply for my visa extension at all. We were not aware that my visa extension is not applied.

    I have overstayed for more than 180 days.

    My husband's employer is suggesting that we could apply for the extension now. From what I have read so far I feel that going to the BCIS would be risky. The attorney is the one who did not file the extension, still will I be punished for that? What are my chances?

    Will the INS give me deportation orders? In that case will the reentry bar still be three years or am I risking an increase in my deportation years? I fear that I might be complicating my situation more by going to the BCIS now. Do I have a chance?

    Please help.



    Someone suggested that maybe if I go to the District Director and show him that not renewing my visa was not my fault but my attorney's, I could then apply for a predated H4 extension. Will this work?


    am sorry that I did not write clearly. I am just too much nervous. I wouldn't go in person, but an immigration attorney(not the previous one) would be filing for the extension. This is what my husband's employer is planning to do now, I haven't given my consent yet.
    From what I have read so far I feel that going to the BCIS would be risky. But the employer says the attorney is the one who did not file the extension, so I would not be punished for that. What are my chances?

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