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Urgently Need Help on H-4 problem

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  • Urgently Need Help on H-4 problem

    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. Thanks.

  • #2
    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. Thanks.

    Comment


    • #3
      Please... I'd really appreciate any advice. I know our situation is tricky but if anyone can give any feedback it would really help a lot.

      Thanks.

      Comment



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