I-94 expired. Forgot H4 Extension of Status.

USA L1, L2 Visa
1

My i-94 and my wife’s i-94 were expired on 4th Oct, 2015.

My employer filed for my H1B extension on 4th June, 2015 and is currently in RFE stage. My employer did not initiate Extension of Status for my wife who is on H4(probably forgot).

Now, can my employer initiate extension of status for my wife and join with my H1B case and change it to premium processing?

Is that possible?

If not, please advise the best alternatives to do in this scenario.

Thanks

Venkat.

2

I think its possible to do that.

3

Her I-94 expired on Oct 4 and no extension was filed. So she is currently in illegal status.

She should leave US ASAP and return when your 797 has been approved, to receive a new I-94.

Her extension can only be filed if she has a valid I-94, which she doesn’t.

Next time, you and your employer should track these expiration dates more closely. They are VERY important to an alien’s immigration status. I am surprised their attorney didn’t ask about the dependents when filing your extension.

4

Hi Saurabh

Thanks for the answer. Can we apply for H4 extension and apply Nunc Pro Tunc(NPT) requestin this scenario to back date the request.

Thanks again!

5

You can try NPT and mention the reason as oversight on employer’s/attorney’s part. If possible, hire an attorney and have them file it for you as they can refer to similar precedents and improve the chances of approval.