Problem with H4 extension

[raki_tk]

Recently my H1B visa got extended and my Employer forgot to apply extension for my wife H4 visa. Her I94 is expired as of 12/02/09. Now I’ve got an offer from another company and they are planning for my H1 transfer.

Can they file extension for my dependent wife and kid even though their visas are expired?

If my wife visa cannot be process by new company what should I do to get it extended?

Does she or kid have to travel out of country and get a visa?

Will there be any problem or any possibilities of rejections when she is re-entering?

Can I still continue with my H1 transfer and have her H4 transferred later?

Please advise me with best way to deal with all these things.

Thanks

Ravi Kishore

[shervin143]

Your wife and kids are accumulating illegal stay as of today. When their I-94's have expired, extension within the country is not possible. They need to have a valid I-94 to file for extension. The only option for them is to leave the country immediately, get their visas stamped and re-enter.

You can apply for transfer/extension without them. However, if they continue to stay in the country for more than 6 months after the I-94 expiry, they could get upto 3 year ban. If they stay illegally for 12 months, they could get upto 10 year ban.

[raki_tk]

Thanks for the reply.

Do they have to go to consulate in other country or their visas are issued at port of entry?

Do they need to travel to India or any other country like Canada will do?

If they go to Canada will there be any potential problems with their Visas?

Are the visas given for the same period till my H1 visa is valid or it will be given only for a specific period.

Do I have to apply for an extension once they come back to US?

Do I have to transfer their visas to my new employer...

Thanks in advance.

[shervin143]

Do they have to go to consulate in other country or their visas are issued at port of entry?
>>> POE doesn't issue visas. You will need to go to a U.S consulate to get the visas stamped.

Do they need to travel to India or any other country like Canada will do?
>>> No advisable to go to any other country for stamping as they have accumulated illegal stay.

If they go to Canada will there be any potential problems with their Visas?
>>> See above answer.

Are the visas given for the same period till my H1 visa is valid or it will be given only for a specific period.
>>> Visa will be issued as per the approval notice of the H1B holder unless the passport of the H4 holder expires in a short term.

Do I have to apply for an extension once they come back to US?
>>> Not necessary. They will get an I-94 until the H1B petition expiry date. You will need to apply for their extension only when the I-94 is about to expire (Say 3 months in advance).

Do I have to transfer their visas to my new employer...
>>> H4 has nothing to with your employer. H4 depends on you maintaining your valid H1B status.

[raki_tk]

Thanks a lot for all the information provided.