H4 visa

[PRANAY1]

MY wife's H4 visa is expired on sep30th,but lawyer failed to apply.Now she is out of status.she cant leave the country because she is pregnant .do we have any grase period to apply for h4 after expiry.If not what is the best way to approach.

[shervin143]

Unfortunately, there is no such grace period. You don't need a lawyer to file the H4 extension. You could have filed by yourslef by filling the form I-539. Extension of status should be applied before the current I-94 expires. Once the I-94 expires, extension is not possible inside U.S. Her only option is to leave the country, get the H4 stamped based on your current I-797 and return back.

Consult a good immigration attorney to see if there are any other options available.