F2 to H4
Oct 8th 2001, 2:16 pm
#1
Just Joined
Thread Starter
Joined: Oct 2001
Posts: 4
Hello!
Facts of the case:
- I came to US on an F2 visa and my I-94 was valid till my husband's I-20 was valid.
- My husband's I-20 was valid till 6/30/2001. His H1B was approved on 7/11/2001. (Since his papers had been in processing with the INS he continued to be in status between 6/30/2001 - 7/11/2001).
- His lawyer, however, did not file for my H4 though there was a clear understanding between the company, lawyer and us that he was supposed to be filing for my H4 along with my husband's H1. We found this out only after we received my husband's H1 approval papers from INS but did not receive any document for my H4.
Questions:
1. Have I been out of status since 6/30/2001 or 7/11/2001?
2. Can I file an I-539 petitioning for pardon for late filing and change of status from F2 to H4, given the fact that a period of over 60 days has elapsed since I have fallen out of status? What is the probability of getting an H4 approval?
3. If I file an 1-539 right now but do not get a decision from INS - one way or the other - by the time that my 180 period within which to leave the country expires, what do I need to do? Does the 180 days' clock stop ticking once my papers are filed with INS for processing or do I need to leave the country anyway before the expiry of 180 days?
Advice would be appreciated. Thank you.
Facts of the case:
- I came to US on an F2 visa and my I-94 was valid till my husband's I-20 was valid.
- My husband's I-20 was valid till 6/30/2001. His H1B was approved on 7/11/2001. (Since his papers had been in processing with the INS he continued to be in status between 6/30/2001 - 7/11/2001).
- His lawyer, however, did not file for my H4 though there was a clear understanding between the company, lawyer and us that he was supposed to be filing for my H4 along with my husband's H1. We found this out only after we received my husband's H1 approval papers from INS but did not receive any document for my H4.
Questions:
1. Have I been out of status since 6/30/2001 or 7/11/2001?
2. Can I file an I-539 petitioning for pardon for late filing and change of status from F2 to H4, given the fact that a period of over 60 days has elapsed since I have fallen out of status? What is the probability of getting an H4 approval?
3. If I file an 1-539 right now but do not get a decision from INS - one way or the other - by the time that my 180 period within which to leave the country expires, what do I need to do? Does the 180 days' clock stop ticking once my papers are filed with INS for processing or do I need to leave the country anyway before the expiry of 180 days?
Advice would be appreciated. Thank you.
Oct 9th 2001, 5:29 pm
#2
Guest
Posts: n/a
dat76 wrote:
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I'm not sure. It depends on when your husband's F-1 status actually expired. The
date of expiration of the I-20 is not the only piece of information necessary to
determine this.
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Yes. You will ask INS to approve the I-539 despite its not being timely filed,
because there were circumstances beyond your control, that is, incompetent legal
representation for your husband.
The 60 day grace period has nothing to do with your case at this point.
What is the
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Probably pretty good. You should get a good immigration attorney to look over your
statement, in which you describe the whole situation.
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I don't think you have to do anything.
Does the 180
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Because your I-94 says "D/S" you do not begin counting days toward the 3 and 10 year
bars. You violate status, but you don't have to worry about the bars. See
http://www.shusterman.com/up-eos.html, http://www.shusterman.com/barmemo.html [see
30. Overstays/Status Violators, A. Duration of Status Cases].
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I'm not sure. It depends on when your husband's F-1 status actually expired. The
date of expiration of the I-20 is not the only piece of information necessary to
determine this.
>
>
>
Yes. You will ask INS to approve the I-539 despite its not being timely filed,
because there were circumstances beyond your control, that is, incompetent legal
representation for your husband.
The 60 day grace period has nothing to do with your case at this point.
What is the
>
Probably pretty good. You should get a good immigration attorney to look over your
statement, in which you describe the whole situation.
>
>
>
I don't think you have to do anything.
Does the 180
>
>
Because your I-94 says "D/S" you do not begin counting days toward the 3 and 10 year
bars. You violate status, but you don't have to worry about the bars. See
http://www.shusterman.com/up-eos.html, http://www.shusterman.com/barmemo.html [see
30. Overstays/Status Violators, A. Duration of Status Cases].
Oct 13th 2001, 3:08 am
#3
Just Joined
Thread Starter
Joined: Oct 2001
Posts: 4
F2 to H4
Dear Sylvia:
Thank you for your prompt response.
I spoke to another lawyer today and she recommended not filing an I-539 and advised me to go back to my home country to get an H4 visa. Is there any good lawyer that you could recommend?
Your help is greatly appreciated. Thank you once again.
Regards,
dat76
Thank you for your prompt response.
I spoke to another lawyer today and she recommended not filing an I-539 and advised me to go back to my home country to get an H4 visa. Is there any good lawyer that you could recommend?
Your help is greatly appreciated. Thank you once again.
Regards,
dat76
