Hi. Can anybody help please?

I got my H1-B approval for Company A here in US on November 2000. I immediately applied for an H-4 dependent visa for my wife who came here initially as a tourist on October. The H-4 took longer than expected and her tourist visa was expiring. Our lawyer could not give us assurance that she won't face any problems beyond the six months stay allowed on her tourist visa given that we have not yet received approval on her H-4. We decided it best for her to leave US on April 10,2000 and to return on April 30,2000 as a tourist which she did. We finally got her Notice of Approval on May 21,2000. Since then both of
us have never left US so our visas are not stamped on our passports.

I have since then moved to Company B under whom I have my new H1-B. We tried recently to renew her H-4. Our lawyer (the same one) raised the red flag that she might have problems since she came back as a tourist on April 30 but her H-4 started on April 10, 2000. According to him, technically, that would make her entry as a tourist illegal and the worst case scenario is that she could be deported because of this. How can this be when we only learned of her approval in May?

I don't want her to be illegal or be deported or
blacklisted. It is ironic that it is for the same
reason why we chose for her to go back in the first place. Is this really true? Can they really consider her illegal? If so, is there anything we can do about it?

Would really appreciate any advice on the matter. Her H-4 is expiring soon and we really don't know what to do.

Thanks.

As long as the tourist visa is not expired there is no problem.She can have B visa and H4 at the same time as long as they are not expring.You just have to file another H4 when you file for your H1B in the other company.
I don't think she is illegal as long as she has not violated her B-2 visa.Consult a better lawyer on this matter.

Bugsy, thank you very much for your reply.

I already have my H1B approved under the new company. My wife's tourist visa expired six months after she came back to US on April 30 2000. Her H4 visa is expiring this year, November 2002. What the lawyer is saying is that officially her H-4 started on April 10, 2000 (valid until November 1, 2002). But we only got her H-4 Notice of Approval on May 21,2000. According to him, they might consider that she entered illegally as a tourist on April 30,2000 because officially she already was H-4 during that time. Is this true? Does INS actually base upon the starting date of validity or on when the notice of approval was issued?

We were also wondering...is it a good idea for her to leave US in this case before her H-4 expires and come back later again as a tourist during which time we could apply for her a change of status or renew the H-4 only then?

Really would appreciate your advice on this. Same goes to all the good people in this forum.

Thanks.

The problem of getting out of the US with an old H-4 might be a problem as you have to surrender the I-94.Moreover, there is no guarantee of no problem coming bacvk with a B visa as the political scenario has change tremendously lately.
It would be best to file the H-4 now with the proper documents.As regards, to the "gap" of your stay, a good lawyer can do that.Let me know of this so i can refer you to someone who had done this for me in the past.My papers and my wife are properly filed,and completely forgetten our daughter's status or visa while she is with us all along.But our lawyer was able to argue on this matter as my daughter's B visa had expired for more almost a year.She's OK now and got her GC together with us.Best of luck!

I really cannot believe that. To be considered illegal when it is obvious that you are "double" legal. Jesus. It really pisses me off. I would like to know what will eventually happen. I hope all the best. Keep us posted.
I cannot believe that a good lawyer won't be able to prove your good intentions. Good luck!

To Bugsy and Bic, thanks for your advice and your support. Really appreciate it.

Yeah, the problem with this lawyer is that we can never get a sound advice from him. I think that as my lawyer he could do better in giving us legal direction and alternatives instead of just being a prophet of doom. I'm just an ordinary person. He's the lawyer he should know the law better and therfore be able to tell me what I should or should not do. It's pathetic that he always ends the conversation with "it's up to you". I don't know how you guys feel about it but I believe he does that to wash his hands clean should things really take a turn for the worse for us.

He recommends filing too. However, he cannot assure me that immigration will not rule against her. Worst case scenario, according to him, is that they could deport her and blacklist her. Can they do that? If they could, can we appeal her case and what are the chances of the appeal being successful? I really need to know and have something more concrete to go by instead of assuming things.

Bugsy, thanks for recommending your lawyer. I'm actually in NYC. If your lawyer is too, I would really like to get in touch with him/her.

To everybody else out there, I would also like to hear your views on this problem. You guys are really great!

post your email and i will mail you the NY office of my lawyer.I don't want to post it here,lest we'll be accuse of advertising,though they are A+++++ lawyers,actually mother and son.

Thanks again, Bugsy. Sorry I was away these past few days.

My email address is redd@1netdrive.com

Would really appreciate if you could e-mail your lawyer's NY office contact information. I'll get in touch with them as soon as I can.

Thanks and best regards to you and your family.

To Bugsy,

Hi. Haven't heard from you so thought I would post again.

My email address again is: redd@1netdrive.com

I'd really like to get in touch with your lawyer. Thanks again and good day.

I sent email few minutes ago.best of luck.

Bugsy, thanks for the info. I'll get in touch with their office as soon as I can.

From my wife and I, thanks again and our regards to you and your family.

I come too late with a reply. But anyway, be sure you've done the best thing to change the lawyer. When a lawyer says to you: "it's up to you", I think smth. is not right there. It happened to us, too. I don't know how effective our new lawyer is (we hope he is), but at least we live with the peace of mind. I think it is very important that smb. professionally tells you "everything is going to be OK" instead of "it's up to you". Good luck. I am sure you will be fine. I say this, but I am not a professional. :-)

Sorry for the late reply. Been busy with other things.

Thanks again for your support. You're right. A good lawyer should be able to tell you that everything is going to be OK. If I might add, though, he should be able to tell you that this will work and why it will work. No matter how much laws change, I think there are cases or concrete reasons which he can point out to prove that his proposed strategy is the right way. Also, at the end of the day, there should be a sense of responsibility on his part. Not just leave you out to dry when he knows he can't win your case.

Maybe this is asking too much but sometimes, as a client, I feel I'm getting the shorter end of the stick. I just think people could sometimes do their jobs better and treat you more as a person with legitimate concerns and not as another case number.

Thanks again for your concern. It's good to know that there are people like you who've been through similar experiences and are willling to lend a hand. Never mind if we are all not professional, right? :-)