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H4- I 94 expired, my wife overstayed for 8 months

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  • H4- I 94 expired, my wife overstayed for 8 months

    Hello All,

    When I changed company A to Company B, my wife was in India and for that reason Company B did not take care of my wife's H4 visa transfer along with my H1 transfer. She came back here last year with a H4 visa previously sponsored by company A. I was under the impression that her I-94 was automatically extended with my new I-94. Of course, I was wrong.

    I spoke with the attorney office and he suggested to file an extension and plea for waiver of ban if they are trying to impose one. They also suggested not to leave the country now. They are charging a huge amount for this and telling that they are not sure if it is possible, they can just beg for mercy.

    Total estimated cost will be anywhere between $5k-$10K.

    Is there any possibility of getting a waiver? Will it be right if she leaves the country now and then appeal for a ban waiver?

    I would appreciate if you can send me your response really quick.

    -Thanks.

  • #2
    Their advice looks good. Follow that.
    This is my opinion and not legal advice.

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    • #3
      Read/google "nunc tunc pro"

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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