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H1B Out of Status Affecting H4 Dependents

By mrjack in Work Visas

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mrjack Contributor

mrjack   9

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

Sorry if it this is confusing, but I'm getting things second hand and it makes it hard to give advice. I tried searching on the net but didn't really get much information. Here's the story and question:

A friend of mine and his two children are here on H4 visas. His wife is a teacher with H1B. She transfered jobs and I guess the lawyer's office didn't get the papers filed in enough time and she needs to go back to the Philippines(the office said she couldn't go to Juarez--- a two hour drive away) to get a new visa. Her and their visas are good until September 2014 but I know visa validity is affected by being out of status. And I'm assuming that she is out of status, but I'm not even sure about that.

I leave that mess to the lawyers.

My question is what about my friend and his two children? He is assuming that once she is back with her new H1B visa that the status of the H4 visas will be updated as well and that they won't need to leave the country to get new visas as well.

I-485 Timeline

08/14/2013 (Day 0) Sent to Chicago Lockbox

08/15/2013 (Day 1) Received at Chicago Lockbox

08/20/2013 (Day 6) Received Texts/Emails

08/24/2013 (Day 10) Received all four NOA1's in the mail

08/29/2013 (Day 15) Received Biometrics Appointment for 9/160

9/03/2013 (Day 20) Successful Biometrics Walkin

09/07/2013 (Day 24) Text/Email notification of RFE

09/14/2013 (Day 31) Received RFE in mail for Medical and lost income tax return

09/18/2013 (Day 35) RFE response sent by Priority Mail

09/23/2013 (Day 40) RFE Review Status

10/08/2013 (Day 55) Testing and Interview Status Text Message Rcvd

10/18/2013 (Day 65) EAD/AP sent to production txt message rcvd

10/22/2013 (Day 69) Rcvd Text/Email for November 25th Interview

10/23/2013 (Day 70) Rcvd EAD/AP sent to production txt/email

10/25/2013 (Day 72) Rcvd Hard Copy of Interview Notice

10/28/2013 (Day 75) EAD mailed

10/30/2013 (Day 77) EAD/AP Combo Card Rcvd(wrong address)

11/25/2013 (Day 103) Interview -- Further Review

11/25/2013 (Day 103) Email/Text Card in Production

11/26/2013 (Day 104) Email notice of approval sent for i485 and i130

11/29/2013 (Day 107) Email Card mail with tracking number

12/02/2013 (Day 110) GC & Welcome to USA letter rcvd

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Darkarma Explorer

Darkarma   2

Posted
Filed: Citizen (apr) Country: India
 Timeline
Posted (edited)

H4 is dependent on H1B, in my general opinion and from what I have seen, they need to be out and get to the embassy for re stamping.

Also if she is out of status, that would pose problems potentially at the embassy. Its up to the discretion of the embassy to issue the visa.

Edited by ravi_niu

eligibility Criteria: 3 years


10-14-2013: Eligibility Date


11-01-2013: Application Sent


11-04-2013: Application Received


11-04-2013: Priority Date


11-07-2013: Check/Money Order Cashed


11-13-2013: Bio-metric Letter sent Date


11-18-2013: Bio-metric Date (Walk in)


12-12-2013: In-line for Interview


01-02-2014: Interview Date Letter Received


02-05-2014: Interview


02-14-2014: Oath scheduling que


03-25-2014: Oath scheduled


03-28-2014: Oath Date Letter Received


04-24-2014: Oath Ceremony

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mrjack Contributor

mrjack   9

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
  • Author
Posted

ravi, I've feared some of that. My thought is that if they need restamping, they can get that done in Juarez.

I-485 Timeline

08/14/2013 (Day 0) Sent to Chicago Lockbox

08/15/2013 (Day 1) Received at Chicago Lockbox

08/20/2013 (Day 6) Received Texts/Emails

08/24/2013 (Day 10) Received all four NOA1's in the mail

08/29/2013 (Day 15) Received Biometrics Appointment for 9/160

9/03/2013 (Day 20) Successful Biometrics Walkin

09/07/2013 (Day 24) Text/Email notification of RFE

09/14/2013 (Day 31) Received RFE in mail for Medical and lost income tax return

09/18/2013 (Day 35) RFE response sent by Priority Mail

09/23/2013 (Day 40) RFE Review Status

10/08/2013 (Day 55) Testing and Interview Status Text Message Rcvd

10/18/2013 (Day 65) EAD/AP sent to production txt message rcvd

10/22/2013 (Day 69) Rcvd Text/Email for November 25th Interview

10/23/2013 (Day 70) Rcvd EAD/AP sent to production txt/email

10/25/2013 (Day 72) Rcvd Hard Copy of Interview Notice

10/28/2013 (Day 75) EAD mailed

10/30/2013 (Day 77) EAD/AP Combo Card Rcvd(wrong address)

11/25/2013 (Day 103) Interview -- Further Review

11/25/2013 (Day 103) Email/Text Card in Production

11/26/2013 (Day 104) Email notice of approval sent for i485 and i130

11/29/2013 (Day 107) Email Card mail with tracking number

12/02/2013 (Day 110) GC & Welcome to USA letter rcvd

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aussie_jason Rising Star

aussie_jason   195

Posted
Filed: AOS (apr) Country: Australia
 Timeline
Posted

How did a teacher get a H1B? That seems unusual. Anyway a H4 is directly tied to a H1B, if the H1B is out of status then so are the H4's. Your friend could try filing an I-539 to switch to a B2 for himself and the children but if they are already out of status I don't think that is possible.

Their lawyer should know all this so it doesn't sound like they have a very good lawyer.

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Boiler Grand Master

Boiler   45,486

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Not unknown for Private schools. especially those focusing on particular ethnicity.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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