ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 4 of 4

Thread: H-4 out of status - Please help

  1. #1
    Guest
    This is the situation: My H-1B status was to expire in February. My wife is here on H-4. I filed for an extension in December and got it this week. But I realized that the lawyer made a mistake and didn't file the extension application for my wife. So technically she has been out of status since February.

    Which is the better option, to file for extension of status for her now or to go to our home country and apply for the H-4 there based on my newly extended H-1B? Is doing it in the US risking being out of status for more than 180 days (and qualifying for the 3 year ban?) or if we file for extension here does it mean she is "In status"?

    If anyone here is kind enough to provide some help, please advise on what we should do, Thanks.

  2. #2
    Guest
    This is the situation: My H-1B status was to expire in February. My wife is here on H-4. I filed for an extension in December and got it this week. But I realized that the lawyer made a mistake and didn't file the extension application for my wife. So technically she has been out of status since February.

    Which is the better option, to file for extension of status for her now or to go to our home country and apply for the H-4 there based on my newly extended H-1B? Is doing it in the US risking being out of status for more than 180 days (and qualifying for the 3 year ban?) or if we file for extension here does it mean she is "In status"?

    If anyone here is kind enough to provide some help, please advise on what we should do, Thanks.

  3. #3
    Guest
    If anyone sees this - can you please help?

    Thanks.

  4. #4
    Guest
    If you have a new H-1B then your dependents are eligible for H-4 status. But since they have been out of status, the BCIS is unlikely to extend their status. If it's only a short time for which they have been out of status, then you could still try and convince the BCIS to extend their status. I would do that simultaneously with the second option, which is to get a new visa outside the country. I think consulate in Mexico has started to issue visas to third party applicants. So you could try that. Hope this helps.

Similar Threads

  1. Greencard holder's spouse status compared to H1 holders status
    By Fatinkc in forum Immigration Discussion
    Replies: 4
    Last Post: 01-13-2006, 02:53 PM
  2. Replies: 5
    Last Post: 08-16-2004, 10:50 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: