H4 Out of status

[troyresident]

Hi,
My wife is out of status since 30 Sept 07. When I changed companies before she went out of status, I thought her H4 was being filed along with my H1 transfer.

My Lawyer did not. I was not aware of this till Sept'08. In the mean time we have a need of travelling to India for a wedding her immediate brother.

After I realized the situation I consulted another lawyer and got my H1 and my wife's H4 filed under Premium along with I539

My H1 got approved but her H4 is pending. I talked to USCIS Customer Service and they expedited the request but it's still pending. After continuous followup, I am asked to meet local Immigration officer personally.

My question is, what powers to local imm officers have? Is there any way I can speed the process up?

Regards,

[txh1b]

Local immigration office does not have any power to do anything. Your wife is subject to a 10 year ban from entering US now as she has been illegally present for more than 1 year.

She is illegal and if caught could be locked up and deported.

You should talk to a very good immigration lawyer. Nunc Pro Tunc may help you. Search for it.

[troyresident]

But we filed for I539

before 365 days over the status. Does that not count?

Regards,
Nilesh

[C4us]

As txh1b posted, you MUST get an attorney involved. 6 months - 1year is 3 years of exclusion; over 1 year is 10 years. Either pay the lawyer or send her home.

[txh1b]

before 365 days over the status. Does that not count?

Filing for any status change after the current status expired does not count. That concept is clear in "bridging" posts that you can search for the key word and look into.