needed help regarding my H4

[reddimachu]

Hi,
I am on H4 visa and my Visa/I-94 expired on Nov 5th, 2001 and I applied for extension
but the date on the receipt is Nov 25th, 2001. The INS automated message is saying
that "written decision has been mailed on Feb 20th 2002". Actually this message was
received by lawyer office and they are keeping it as confidential. They are asking me
to go tO India for stamping. What exactly this message represents? Can I resolve this
problem staying here in US or Do I need to go to India for stamping? please suggest
what I need to do to resolve this problem safely and with less expenses. My husband
has a valid H1B visa until March, 2004.

Thanks in advance,

[cper2002]

They are keeping it *confidential*????? They have absolutely no right to keep you without proper documentation, especially these days. I would drive down to their office tomorrow and demand the original I797. Did the INS not send you a complimentary copy?

[reddimachu]

thanks for your reply

She is repeatedly saying that it is easier to go to India than answering the query. They are saying that they have received query like, why should I happen to be in illegal status for 20 days? No that INS didn't send any complimentary documentation. may be i can produce you with exact words on monday or so because I am trying to get that from the lawyer. Thanks for your help

[cper2002]

Re: thanks for your reply

Because you were out of status for 20 days, it makes sense that the INS is making you re-enter to validate your status. However, this is no excuse for the lawyer to not work with you.

[reddimachu]

this is my actual status

My H4 status has been expired on Nov 5th, 2001. we mailed application for extention on Nov 7th, 2001.
Looks like INS people opened this mail on Nov 28th, 2001 and the date on the receipt is Nov 28th,
2001. Then the status has been deliverd from INS on Feb 20th, 2002. we got the following message
from INS: "This notice is in reference to the form I-539, Application to Extend/Change Nonimmigrant
Status, filled on November 28, 2001. When an applicant is no longer is status, the application for
extention of stay may not be approved. 8 C.F.R. 214.1(c)(4) states in pertinent part, Timely filing
and maintenance of status. A extention of stay may not be approved for an alien who failed to maintain
the previously accorded status or where such status expired before the application or petition was filed..
The service has reviewed the application and the supporting documentation, and found that the applicant's
authorized stay expired on November05, 2001, prior to filing the application that was received on
November 28, 2001. The record does not indicate that the applicant submitted a justifiable reason
explaining the reason for the delay. The applicant hsa failed to maintain nonimmigrant statu.
Accordingly, the application is denied." So we have following questions for you.
(i) Can I fix this problem by staying here in USA?
(ii) Do I need to go to India for stamping? or Can I go anywhere else? If I go out of country
then - is there any chance to ask me about illegal status or rejection of H4? or Can I face any
other sort of problems?
(iii) At port of entry Can I get I-94 smoothly or is there any chance that I can get rejected?

[reddimachu]

hey guys please help me out

I am going to India on apr 7th i need an advice urgetly please help me out

[boardReader]

Re: hey guys please help me out

Your only option is to go to your home country and get the stamp. It should not be a problem. They cannot reject H4 on their whim.
But treat this interview seriously. Have a letter from your lawyer describing when applications were sent. Have your spouse's employer write a detailed letter. Have certified copies of your spouse's passport. Read the other posting where info required is listed.
Be calm and try to answer questions slowly. If you get the visa you should not have any problem at the POE.

[reddimachu]

Thank you very much...

Thank you very much for your help. you have been a great help for me and i appretiate it.