H4-out of status

[sonalinm]

One of my friend's H4 visa is out of status since 1 months because fault of Visa officers and during this follow up she lost her visa status as her husband has valid visa for more 2 and half years , Now she has to go India . My questions
1) Is there any chance that her H4 can get rejected as she was out of status for 1 months.
2) Is it safer to go to India to get H4 visa or will it be easier in Mexico or canada.
3) If you are out of status can you get H4 again
4) Does it affect his hubby's H1 B while going for stamping as they will ask about husband's project and company etc
Please help me if you can.TIA

[orion]

What exactly happened that she fell out of status?

[sonalinm]

@Orion
she filed papers of extension after her hubby's extension comes which is upto 2011 but when her notice comes it was same date and month but year was 2009[I think it was by mistake] so his hubby was following to improve this so she doesn't need to file again,during this time it passed few days more.............so is it better to file again?

[orion]

Though I did not get what exactly happened, but if her I-94 expired then its best to leave the country and get H4 visa based on renewed H1 petition 2. It always preferable to go to home country for this 3. May be, answer all question truthfully on the visa form though 4. No
May be not now, but these things usually come back to haunt later at GC processing stages.

[sonalinm]

Though I did not get what exactly happened, but if her I-94 expired then its best to leave the country and get H4 visa based on renewed H1 petition 2. It always preferable to go to home country for this 3. May be, answer all question truthfully on the visa form though 4. No
May be not now, but these things usually come back to haunt later at GC processing stages.

So what is the best thing to do ?

File it again and wait for approval or leave the country as early as possible ?
Does Immigration dept. is much serious about H4 extension expiration date ?

[sonalinm]

So what is the best thing to do ?

File it again and wait for approval or leave the country as early as possible ?
Does Immigration dept. is much serious about H4 extension expiration date ?

So what is the best thing to do ?

File it again and wait for approval or leave the country as early as possible ?
Does Immigration dept. is much serious about H4 extension expiration date ?

[txh1b]

If her I-94 expired, she is NOT out of status but illegal. These two mean a whole lot different consequences.

She has to talk to a lawyer and discuss if Nun pro tunc is possible. If not, she should be careful not to accumulate more illegal presence and leave immediately. A 180 day stay gives one 3 year ban from entry and a 365 day gives a 10 year ban.

And yes, status violations are seiously taken as far as immigration is considered irrespective of it being a H1/H4 or any other status.

[sonalinm]

If her I-94 expired, she is NOT out of status but illegal. These two mean a whole lot different consequences.

She has to talk to a lawyer and discuss if Nun pro tunc is possible. If not, she should be careful not to accumulate more illegal presence and leave immediately. A 180 day stay gives one 3 year ban from entry and a 365 day gives a 10 year ban.

And yes, status violations are seiously taken as far as immigration is considered irrespective of it being a H1/H4 or any other status.

Is there any panalty for illegal stay( After expiration of I-94) for 30-60 stay ?
or less then 90 days ? Because this time line changes whole plan to leave for India. Thanks for your reply

[sonalinm]

Is there any panalty for illegal stay( After expiration of I-94) for 30-60 stay ?
or less then 90 days ? Because this time line changes whole plan to leave for India. Thanks for your reply

Is there any panalty for illegal stay( After expiration of I-94) for 30-60 stay ?
or less then 90 days ? Because this time line changes whole plan to leave for India. Thanks for your reply

[txh1b]

ASAP. The more delay, it becomes hard to convince a VO for a visa or at entry in the airport. You have to declare overstay on the visa forms.

[sonalinm]

ASAP. The more delay, it becomes hard to convince a VO for a visa or at entry in the airport. You have to declare overstay on the visa forms.

Yes. I agree ASAP is the best option but my question is when you are not able to leave ASAP and if you leave within 30-60 days, is there any chances of panalty ? or it is at discreation of VO ? also is there any chances of rejection in H4 stamping ?

[sonalinm]

Yes. I agree ASAP is the best option but my question is when you are not able to leave ASAP and if you leave within 30-60 days, is there any chances of panalty ? or it is at discreation of VO ? also is there any chances of rejection in H4 stamping ?

Yes. I agree ASAP is the best option but my question is when you are not able to leave ASAP and if you leave within 30-60 days, is there any chances of panalty ? or it is at discreation of VO ? also is there any chances of rejection in H4 stamping ?

[rentals273]

Hello,

I was on H1 B visa through my company and wife was on my dependent visa. I got laid off in Oct 2019 and the employer has filed for a revoke petition in Oct 2019. I checked the status of the petition through the USCIS site and it has not yet acted on the revoke petition. What will happen to the status of the H4 now since it is past 60 days of the original H1B revoke?

Both the i94 are active and have an expiry of 04/2022.

Q: Is my wife currently out-of-status since it has been past 60 days of the original revoke even though the status of the USCIS petition is active? What are the best options for her to stay in the country going forward?

Also, I have a GC EAD valid until 04/21 so my legal status is good I assume.

Q: Is it possible to file for an H1B transfer in the current scenario or Is it recommended to file a new H1B visa in coming months?

Q: Will the H4 visa be valid if the new H1B is approved soon?

Please suggest