Hi Team,
I’ve joined a very reputed India based MNC in Feb’19, where they filed my H1 transfer along with my dependents(Spouse+Kid). Later when premium is ON, they have upgraded the transfer.
Unfortunately I got an RFE later it has been clarified and my petition of approved (received on July 1st week). During all this process, I have been communicating with my immigration team very frequently(once a week) about my & my dependents status, where they have communicated multiple times that they have filed for both and we will be receiving the approved petition soon ( I have so many email proofs). But to my bad, they updated my that they have missed filing for my dependents H4 transfer, now their I94 has expired in March 1st week… now I am in do-die situation what need to do. I am planning to send them India before 180 days and in India how will be the process for their stamping ? Belong are my queries ,
(i) Do I need to be along with them ?
(ii) If so , what will be the process if I am along with them for stamping ? Is it safe for me to go since their case is little different ?
(iii) Or if they only go for stamping will they be questioned ?
(iv) Do I need to file their H4 transfer here in US and then send them to India for stamping ?
Please relax, its not just the worst situation, you need to face in life, relatively you can handle it safe.
First let me answer your questions, then will give a lecture.
(i) Do I need to be along with them ?
No.
(ii) If so , what will be the process if I am along with them for stamping ? Is it safe for me to go since their case is little different ?
See answer (i)
(iii) Or if they only go for stamping will they be questioned ?
They may be, your presence doesnt change them.
(iv) Do I need to file their H4 transfer here in US and then send them to India for stamping ?
File her H4 extension ASAP. If there is any RFE about the expired I-94, you can show the proofs of your emails etc.
Now, coming to the lecture:
I have been repeating on this forum, everyone needs to have basic immigration knowledge, if not, they have to do some home work in searching online and reading about their particular situation each time instead of leaving everything on the employer or employer attorney. You shoud know what you are eating.
H1B is your employer owned petition, you are the beneficiary. Thus, your employer files it and they only gets the communication(RFE , approval notice etc), not you.
H4 is owned by the petitioner(your wife/kid) and the beneficiary is also the same petitioner. Thus, your house address receives the communication etc.
H1 status must be maintained by your employer for you. While H4 status must be maintained by your wife/kid.
In other words, your wife/kid is responsible for filing, maintaining etc of the H4 status, not your employer. But many employers gives such facility (of H4 filing) as a employee immigration benefit and we(employees) would just bank on it and relax and run into the situations like yours above.
So, you need to drive the process, take the employer/attorney help.
Now, first talk to your attorney for your options
Can I file my wife’s extension and wait?
Do she need to leave the country and try for H4 stamping?
If I am in your shoes, I will let my wife and kid go to India and get stamped. (give them the copies of email correspondence with your company about their mistake(but still its your mistake, as I have explained above). This can be shown(only if asked) to the immigration officer during your wife’s H4 stamping interview if any issue arises.
Dont be panic, just relax, read/think cool, start working out. It will work eventually. Good luck.
This falls under Nunc Pro Tunc situation, where situation was not in your control…It is up to USCIS to give you discretionary waiver on this. Discuss with your attorney and take action accordingly.
Thank you so much for your guidance !
As per my understanding is " I am not required to be along with them for stamping " . But my Wife is little panic here. So I am thinking to go along her to India and get it stamped for all of us 3. My query is will I be questioned because of their " out of status " and there may be any issue for my stamping ? Is it safe for me to be here rather than going with them or it won’t be any issue even I go to India along with them ?
Kindly advise.
Yes, you do not have to go. Sure going together does not hurt. You may be questioned, I dont know…If so, you need to have an answer and proof supporting the same. It is very hard to guess, if it will create issues… Stamping is a very tricky thing, there is no right or wrong answer, it is up to you to take the informed decision. I suggest you check with your Attorney and make an informed decision on how to proceed.