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kittu07in
06-25-2011, 11:45 PM
Hello All,
I have an H1B visa until Sep 2012 and I went to visa stamping with my wife and both of us got visa stamped up to Sep 2012. But my wife H4 visa valid until Mar,2011.

Is my wife out of status now?

If out of status, can I apply H4 visa now?

My GC will be current on Jul1st, can I apply 485 to add my wife into my GC without valid H4 (I-797) document but valid visa stamp until Sep 2012?

Or I have to wait for my wife H4 visa to be approved before adding her to my GC?

thanks in advance.

veni001
06-26-2011, 12:09 AM
Hello All,
I have an H1B visa until Sep 2012 and I went to visa stamping with my wife and both of us got visa stamped up to Sep 2012. But my wife H4 visa valid until Mar,2011.

Is my wife out of status now?

If out of status, can I apply H4 visa now?

My GC will be current on Jul1st, can I apply 485 to add my wife into my GC without valid H4 (I-797) document but valid visa stamp until Sep 2012?

Or I have to wait for my wife H4 visa to be approved before adding her to my GC?

thanks in advance.

Irrespective of visa, you have to check i-94 validity in her passport! If i-94 expiration date is Mar, 2011 then her stay is illegal( since March) and is not eligible for AOS.

180 days of illegal stay could result in 3-year bar to enter US, 1-year illegal stays mean 10 year ban to enter US.

Check her i-94, and if the above is true, consult a good immigration attorney.
Good Luck!

kittu07in
06-26-2011, 12:14 AM
Thanks for your reply...

I-94 is also valid until Sep 2012.

is she out of status if she don't have valid I-797 document from USCIS even when with valid visa and I94 until Sep 2012?

I have to apply I-539 for her to get valid H4 (I-797 document from USCIS)?

Please let me know.

veni001
06-26-2011, 12:35 AM
Thanks for your reply...

I-94 is also valid until Sep 2012.

is she out of status if she don't have valid I-797 document from USCIS even when with valid visa and I94 until Sep 2012?

I have to apply I-539 for her to get valid H4 (I-797 document from USCIS)?

Please let me know.

If her H4 VISA and i-94 are valid until Sept 2012 then she doesn't need (I-797), even if you apply USCIS will not issue one.

Get all other documents ready to file AOS next month.
All the best.

kittu07in
06-26-2011, 10:47 AM
Thank you..!!