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Immihelp admin, please help me - H4 overstay

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  • Immihelp admin, please help me - H4 overstay

    Hi,

    My L1 is maxing out(5 years over) on Apr 15, 2005 (so my wife is on L2 with an expiration date Apr 15,2005). So my company applied for a new H1 and it got approved with a start date of March 15, 2005. We did not apply for H4 till now. I am afraid my wife's L2 too would have expired on March 15, 2005 - correct ?

    If thats the case then, my wife's visa expired almost a month back and we have overstayed a bit now. Is it possible to get the H4 from here, USA, itself or she has to go back home to get it. We are extremely worried...

    I was having my L1 and it will be expiring on April 15th, and my wife was on L2. As it was maxingout/expiring, we applied for H1 thru my company last year and it got approved with a start date of March 15th. We did NOT apply for H4 for my wife. She had/has her L2 valid till Apr 15 (is it valid now?) , but my H1 start date as specified is from March 15. So is it a case of overstaying? If yes, can we apply for her H4 now, USCIS will not ask her to go back ? She was / is working too with L2-EAD... It will create problem? Right now as she is not having a valid status, if we apply for H4 or B1-visitor will it get rejected?
    Please advise, we will be thankful for our life !!!

    Can anyone advise us what to do, if you had this issue in the past ?

    Thanks a lot !
    Raj

  • #2
    Help !
    Can someone please help me by providing an answer to this? We are eagerly waiting for anyone to update !

    Thanks a lot !

    Comment


    • #3
      Hi,

      I am not an expert in your problem but I am in kind of a similar situation. Please contact your attorney on how to proceed. My advice is try not to wait too long. For my case, I have to reapply for a new visa and attend the interview in my home country and get a fresh entry into US. Hope this helps.

      Comment


      • #4
        Solution available

        My wife is also in similar kind of situation. Even if you stay one day extra, you are considered as overstay. If she stays in US for more than 6 months she has a bar of 3yrs and for more than a year she has a bar of 10 yrs to enter into USA. Good news is she doesn't fall into any of these categories. My advise is send her to india as early as possible (Definitely before she finishes her 6 months of overstay) and have her stamped in India and she will get her new I-94 at the port of entry. As I am not a lawyer, I would also suggest you to double check with your lawyer before you send her to India.

        Comment

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