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virgorulz
01-15-2012, 06:10 PM
Dear Guys,

I am in a peculiar situation,my Wife is on h4 (Expiry Sep 2012).

But her I 94 validity is up to Sep 2010. But some how I overlooked and I didn't see that one since long.After seeing today I realized that her I- 94 was expired long back ( 1 yr 4 months ago). Right now what are options for me, since we are expecting that our PD will become current in a month or two.( In order to apply for medicals she has to stay in USA)

1) Does my wife have to leave the country immediately?
2) Can I apply her I 94 again stating the we didn't see that one long back ?
3) Can I apply her H4 again and get the h4 and I 94 latest.

Does any body have the similar situation before, or any body knows what I have do.

PERM12
01-15-2012, 06:35 PM
Not sure if you went through H1 transfer or extension ..but at the time you were to apply for your wife's extension too. so the new I94 will be attached to I797 approval for extension. If it really missed then not sure how your employer / Attorney could have overlooked...

But if i were you i will call my Attorney ASAP.

virgorulz
01-15-2012, 06:37 PM
Actually after completion of my first 3 years h1 ( and her h4) we both applied for extension, I got H1 for 1 year( up to sep 2010) but she got her h4 for 3 years( up to sep 2012), after that we both went to India for stamping, and stamping happened based on my h1 validity ( up to sep 2010 for me and my wife) and we both came back to USA.

After that I applied for h1 extension in sep 2010 and got 3 years extension(along with my new i 94 for 3 years), since my wife is having the h4 validity up to sep 2012 my employer advised not to apply her h4,that is where i overlooked the issue until today morning,her i 94 got expired in sep 2010 itself,

Can you please advise me what i have to do immediately....

skpanda
01-15-2012, 10:59 PM
Actually after completion of my first 3 years h1 ( and her h4) we both applied for extension, I got H1 for 1 year( up to sep 2010) but she got her h4 for 3 years( up to sep 2012), after that we both went to India for stamping, and stamping happened based on my h1 validity ( up to sep 2010 for me and my wife) and we both came back to USA.

After that I applied for h1 extension in sep 2010 and got 3 years extension(along with my new i 94 for 3 years), since my wife is having the h4 validity up to sep 2012 my employer advised not to apply her h4,that is where i overlooked the issue until today morning,her i 94 got expired in sep 2010 itself,

Can you please advise me what i have to do immediately....

Unfortunately she is out of status. Unfortunately this may cause issues with I485. Please call your Attorney (irrespective of whether you find good advise in this forum or not).

Good Luck!