aarthi

Hi All,

My husband is on H1 and I have any H4 based on it. My husband got a new H1 last june and we got it stamped in our passports by sending it to st.louis.

My husbands company did not file a new h4 for me. My I94 got expired on june 30 2001. We were thinking that if my husbands I94 is valid then it implies even mine will not be effected. His I94 is valid till april 2003.We did not know that we had to file for H4.

Can somebody suggest if this creates any problem with my status if yes what steps should I take.


Thanx in advance.

regards

Aarthi

mailmena

This is a complex issue that the I-94 has been expired over a year. You might want to consult an attorney and give him/her the facts before taking any actions.

http://www.ins.gov/graphics/howdoi/extendstay.htm

What If My Authorized Stay Has Already Expired? (What If I Am Late Filing for an Extension?)
If you are late filing for an extension and your authorized stay has already expired, you must prove that:

The delay was due to extraordinary circumstances beyond your control;
The length of the delay was reasonable;
You have not done anything else to violate your nonimmigrant status (such as work without INS approval);
You are still a nonimmigrant (This means you are not trying to become a permanent resident of the United States. There are some exceptions.); and · You are not in formal proceedings to remove (deport) you from the country.

aarthi

Hi ,

Thanx for ur suggestion. But can I bail out of this situation or will this make me get deported out of the country.

Aarthi

mailmena

I can't answer that question that's why I think it's best to find a lawyer because the I-94 was expired since June 2001. Maybe someone with the same experience can share some insights. I have read a successful story, but that case the I-94 expired for 2 months.

Kirberger & Associates

Dear Aarthi,

Based on what you describe, you appear to have begun accruing "unlawful presence"
since June 30, 2001. This is a rather serious state of affairs that may carry dire
immigration consequences for you. If you depart from the U.S., you could be barred
from re-entry (to the U.S.) for a period of ten (!) years (irrespective of your ties
to the U.S., whether or not you have immigrant petitions or adjustments pending). You
*may* be able to rectify the situation through a nunc pro tunc application for
reinstatement to lawful H4 status, if there is an *extraordinary* reason beyond your
control which excuses your failure to timely file an extension request. It is then up
to the INS' discretion to reinstate you.

Bottom line: you need help.

--
Kirberger & Associates Attorneys at Law 718-222-3610 413-451-5837 fax
[email protected]
http://www.immigration-lawyer.com


"aarthi" <[email protected]> wrote in message news:[email protected]...
    > Hi All,
    > My husband is on H1 and I have any H4 based on it. My husband got a new H1 last
    > june and we got it stamped in our passports by sending it to st.louis.
    > My husbands company did not file a new h4 for me. My I94 got expired on june 30
    > 2001. We were thinking that if my husbands I94 is valid then it implies even mine
    > will not be effected. His I94 is valid till april 2003.We did not know that we had
    > to file for H4.
    > Can somebody suggest if this creates any problem with my status if yes what steps
    > should I take.
    > Thanx in advance.
    > regards
    > Aarthi
    > --
    > Posted via http://britishexpats.com