Legal Question in Immigration Law in New Jersey

h4 visa extension for out of status wife

hi,

my h-1b visa extension is approved 2 days ago.my wife has got a h4 visa but it expired on december 25 2003.there fore she is out of status for the past 5 months.can she apply for an extension here in U.S or have to go back to her cou ntry and apply from there. which way will be safer?

thanks for your answer in advance


Asked on 5/13/04, 3:08 pm

2 Answers from Attorneys
Deborah Frankel Deborah Frankel

Re: h4 visa extension for out of status wife

She can apply for an extension in the US but it may not be approved because she is out of status, unless she can show extenuating circumstances. Otherwise, she has to get the visa in the home country.

Please let me or my colleague know if we can be of further assistance to you.

Sincerley, Devorah Frankel, 6 Mapu St., Jerusalem 94189, Israel, [email protected]

Allen Kaye

111 Broadway, 13th Floor

New York, New York 10006

Phone: 212-964-5858 Fax: 212-608-3734

Cell Phone: 917-699-7159

Email: [email protected]

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Answered on 5/16/04, 9:28 am
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: h4 visa extension for out of status wife

Dear Sir,

There is a possibility that we may be able to have the Service grant her H-4 retroactively. However, I would need more details about your case to give you a proper assessment of what can (or cannot) be done. Sorry about that but I do not want to give inaccurate advice regarding your particular case.

You may contact me if you would like to discuss the details (732-985-1310).

Sincerely,

Sameer Kumar

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Answered on 5/13/04, 3:15 pm


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