1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

H4 Visa Out Of Status

Discussion in 'Suggestions' started by Sreedhar, Aug 28, 2015.

  1. Sreedhar

    Sreedhar New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    1
    Am a H1B visa temp worker in USA from July 2013.I did apply for my H1B extension in Nov 2014 as my I-94 was ending by March 10 2015.Unfortunately my visa extension was denied on May 06 2015.I had to travel back to India to apply for my new H1B (Non-cap) and during this time my dependents (spouse and 3 yrs kid) were not able to travel back with me as my 2nd kid was due on May 10 2015. Was blessed with a baby girl on May 10 2015 and my spouse had to undergo an C section for this and was not able to travel back to India. I travelled back to India on 25 May 2015, got my new H1B visa stamped and back to US on 22 Aug 2015. Now my Dependents are out of status (H4) and I would like to know if they can apply for a B2 visa now and how can we expedite this process asap as they are already 142 days in out of visa state. Request to check and let me know as I don't want them to travel back to India as my 2nd kid is too young to travel so long. Request to check and call me to discuss various options.
     
  2. Sreedhar

    Sreedhar New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    1
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Where are they? If they are in the U.S., they need to go abroad, get new visas, and return. If they are abroad, there's no problem.
     
  4. Sreedhar

    Sreedhar New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    1
    They are in US now.Is there a no way to have their visas filed without leaving US?
     
    Last edited: Aug 28, 2015
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    No. When their I-94s expired, they went into unlawful presence. They need to leave before the accrue 180 days of unlawful presence (and incur the 3 year bar). They must return to their home country to apply for new visas. It shouldn't be a problem.
     
  6. Sreedhar

    Sreedhar New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    1
    Thank you very much for the info.
     

Share This Page