OverStay in H4 (without valid visa, I-94)

[kavithasivakumar]

Hi,

I am Siva and I am currently in H1B at USA for the past 2 years. My visa got expired on April 2008. My wife was in H4 and we applied for extension through my company on April 1st.

Somehow, my company filed my extension and left/missed filing my wife's H4 extension. My extension got approved and petition papers would reach in another 2 weeks. When we checked on the status of our extension on July 15th, my company authorities said that they somehow missed my wife's extension filing.

Currently she is in USA without a valid I-94. I have made all arrangements for her departure from USA. I consulted with my company for an addendum/letter supporting that they missed filing my wife's extension and that's why she is leaving USA. But they denied saying as per company policy they cannot give any such letters and also it would not help while questioned.

What should be my step/process for her safe travel? Will there any legal issues in future for any Visas? Will she be allowed for a travel now to leave the country to India.

Please advise

[txh1b]

She should consult a very good attorney as she is subject to a 10 year ban if she leaves. There is a procedure to appeal to USCIS to renew the petition now for then. It is called nunc-pro-tunc

A good attorney can handle it well otherwise your wife cannot get visa to enter for next 10 years.

[kavithasivakumar]

Overstay in H4

I have booked my spouse return tickets now for Aug 10th.

I checked certain discussion forums wherein it was said there would not be any problem until the overstay is less than 180 days. Is this true?

I am so concerned on this because she is preparing about to apply her green card for next year. I do not want to have any issue in her carrier because of this.

Please advice.

[knowledgeable]

Sorry, the information ...

... you have is incorrect. Over stay of any period may mean issues when you file for the permanent residency.

It's in your best interests not to take any undue chances and follow the rules by the book.

Good luck to you and your family.

[kavithasivakumar]

Overstay in H4

I would contact the attorney for more information.

Meanwhile, I have one other question.

As said, there may be questions during the personal interview at the consulate regarding overstay. But will there be any questions during the travel from USA to India when the airport authorities collect the I-94. In other words, will there be any problem during her travel as my wife is travelling alone?

[txh1b]

Leaving US is NOT a problem. She should not depart without proper consultation and evaluation by a good attorney. You are risking it big time.