*** URGENT *** Help needed in H4...

[deep_USA]

Hi,

My wife's H4 VISA got expired on 8-Feb-2011. I didn't file for extension through my current employer as I'm switching to a new employer and though that, new employer will file for her H4. The new Employer has already filed for my H1-B extension/transfer via premium processing and we have got the Receipt number also for the H1-B extension.

Now at this stage, I got to know today that, the New Employer has not yet filed my Wife's H4 extension and they are waiting for my final approval to come so that they can apply the H4 extension on top on my approved H1 petition.

Currently, my wife is Out of Status. What should we do..??

1. Shall I approach my current employer to file my Wife's extension on top of my H1-B extension receipt..??

2. Shall I ask the new Employer to to file my Wife's extension on top of my H1-B extension receipt..??

3. Any other suggestion.

Really need your help and suggestion.

[shervin143]

Extension of status should be filed before the current I-94 expiry date. Your wife is not just out of status, she is actually accumulating illegal stay since the date of her I-94 expiry. Even if you file the extension now, the chances are that that the EOS might get denied. The best option for her is to leave the country as soon as possible and return back on H4 visa. If she waits until your extension/transfer to go through, then on her return she can show your new petition and get an I-94 that matches your I-94 expiry date. It is important that she doesn't accumulate more illegal stay in the country.

[deep_USA]

Thanks Shervin143.

One more question, will my wife be asked for any document while leaving US (since I-94 has already been expired)..?? Does she need to carry any particular documents..??

Appreciate your guidance.

[shervin143]

There will be no issues while leaving the country. She will have to make sure that she returns all the I-94s that she holds to the airlines oficial while leaving the country.

Also, just keep in mind that she won't be able to transit through U.K or European countries (Except Belgium) with an expired U.S visa.

[deep_USA]

I got to know from someone that, she can stay without a status till 180 days from the I94 expiry date..?? Is that ture..??

[shervin143]

Not true. With less than 180 days of illegal stay, the visa officer at the consulate or the officer at the POE has the authority to decide whether to grant you a visa or to let you enter the country (It is case dependent). After 180 days, you qualify for an automatic ban from entering U.S for 3 years and after 365 days, you qualify for an automatic ban for 10 years from entering U.S.

I got to know from someone that, she can stay without a status till 180 days from the I94 expiry date..?? Is that ture..??