H4 extension on I94 expiry

[bombayboy80]

Hi,

My wife's H4 visa and i94 has expired in March 15 2010. My H1-B visa is current and an extension is in process. I have heard that she needs to leave the country prior to September 15, 2010. But i have a daughter who is only 5 months old and at the moment we feel that she is too young to travel.

I am wondering if there are any alternatives that we can do while we are here and what are the repercussions if she overstayed beyond her 180 days since i94 expiry. My H1-B is current and awaiting an extension approval which should arrive my first week of september. We plan to go to India together end of the year and get a VISA stamp based on the extension.

I would appreciate any help and suggestions.

Thanks in advance.

[sk4ih]

If I-94 expired on March 15th, your wife is already illegal to stay in US.

If it's typo, and I-94 is expiring in Sept, you both should have applied for extn together, in which case she doesn't have to leave US, and can continue along with you.

Else, she can apply for extn after your approval notice received.

[bombayboy80]

Thank you for your response. The date on my wife's i94 is Mar 15, 2010. So I am assuming she is currently using the 180 day rule. But i was wondering what to do if she overstays the 180 day rule and what are our options.

[shervin143]

There is no such rule. Her stay in U.S now is illegal. Extension is not possible when a person has already accumulated illegal stay. In order to avoid unnecessary problem when she goes for visa interview the next time or at the POE, it is advisable that she leaves the country immediately.

Thank you for your response. The date on my wife's i94 is Mar 15, 2010. So I am assuming she is currently using the 180 day rule. But i was wondering what to do if she overstays the 180 day rule and what are our options.

[sk4ih]

It could lead to ban on US entry.

She could have applied for B2 before I-94 expiry.
Not she cannot do that as she is already illegal.

She has to leave US ASAP.

[bombayboy80]

Thanks. I have also heard of a nunc pro tunc if she overstays beyond 180 days? Is there such a rule? Can we use it?

[kabkaba]

Your wife needs to consult an attorney asap.
Only they can advise on the possiblity of a backdated extension.

[bombayboy80]

thank you. We will do that. In meantime what has been your experience with such situations?

[txh1b]

Nun Pro tunc is a whole lot risky and a consultation with an attorny is highly recommended. Your wife should leave US immediately and return with a new visa. Why was her H4 extension not applied for along with your H1b?