Jump to content
Sign in to follow this  
SophWeb

Complications with an early H-4 visa.

9 posts in this topic

Recommended Posts

Filed: AOS (apr) Country: Australia
Timeline

Hey all, I’m worried about the complications of my previous U.S. visa.

Just a little background info- I moved to the U.S. in 2004 on a H-4 visa with my family – my father had a H1-B Visa, I believe. My visa was issued April 2004 and valid until July 2007. My father’s employment was sponsored by Texas A&M University – his employer (it states this on the actual visa in my passport). His original contract to work at the University was 3 years, however he received tenure, and our family continued to live in the U.S. until June 2008. I was told, by my father, that because A&M had granted him tenure, that our visas had been extended, due to his extended employment. We don’t have any paperwork from this extension because apparently the University handled it all.

I’m worried that when I go to my interview, they’re going to think that I overstayed my visa. I’m concerned that they’re going to ban me from entering the U.S., because I don’t have any sort of documentation to prove that I was allowed to remain in the country. I currently have no way of knowing for sure that the extension was granted, because we never handled any paperwork. I’m assuming it was though, otherwise they wouldn’t have allowed my father to continue working there. Also, I’ve traveled back to the states since leaving in June 2008 – I visited my fiance for two weeks in November 2008. If I didn’t have the extension, and had overstayed my visa, then surely they wouldn’t have let me into the country then?

I’ve spoken to my father and he’s going to call A&M, and see if he can get copies of the extension documents. If he can’t get them though, he’s going to see if he can get some sort of official letter from them stating that he was employed until June 2008, therefore his visa was still valid, and therefore mine was too. Will that be enough?

Has anyone else had any experience with this sort of situation? Or could anyone point me in the direction of some solid information regarding previous visas and K-1s?

Thanks for any help.


01/09/09 - Sent I-129F

Visa Approved!

23/07/10 - Arrived in the U.S.

28/08/10 - Got Married

20/10/10 - Sent AOS

04/11/10 - InfoPass Appointment to request an Expedited AP

05/11/10 - Expedited AP Approved! RFE requested for AOS

01/02/11 - RFE sent

01/01/11 - RFE Received

01/12/11 - Biometrics taken

01/28/11 - EAD Approved

02/02/11 - AOS moved to CSC

03/07/11 - Greencard Approved!

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

You would have received a new I -94.

But if you were under 18 1/2 when you left you would be OK anyway.


“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.”

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Australia
Timeline
You would have received a new I -94.

But if you were under 18 1/2 when you left you would be OK anyway.

I don't have an I-94, unfortunately.

Also, I was just about to turn 20 when I left (in June 2008) :unsure:


01/09/09 - Sent I-129F

Visa Approved!

23/07/10 - Arrived in the U.S.

28/08/10 - Got Married

20/10/10 - Sent AOS

04/11/10 - InfoPass Appointment to request an Expedited AP

05/11/10 - Expedited AP Approved! RFE requested for AOS

01/02/11 - RFE sent

01/01/11 - RFE Received

01/12/11 - Biometrics taken

01/28/11 - EAD Approved

02/02/11 - AOS moved to CSC

03/07/11 - Greencard Approved!

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline
You would have received a new I -94.

But if you were under 18 1/2 when you left you would be OK anyway.

I don't have an I-94, unfortunately.

Also, I was just about to turn 20 when I left (in June 2008) :unsure:

There are several things I do not understand, my belief is that a H is given for 3 years renewable once, but your original entry and visa dates do not add up.

And my understanding is that to get a new I-94 you have to do a trip, Canada and Mexico for example to get a new stamp.

I did not think you could extend in country, could be wrong.


“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.”

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Australia
Timeline
You would have received a new I -94.

But if you were under 18 1/2 when you left you would be OK anyway.

I don't have an I-94, unfortunately.

Also, I was just about to turn 20 when I left (in June 2008) :unsure:

There are several things I do not understand, my belief is that a H is given for 3 years renewable once, but your original entry and visa dates do not add up.

And my understanding is that to get a new I-94 you have to do a trip, Canada and Mexico for example to get a new stamp.

I did not think you could extend in country, could be wrong.

The visa in my passport states that it was valid from April 2004 - July 2007. However, we did not enter the U.S. (original entry), until July 2004.

My father said that because it was a family-based visa, we didn't have to make a trip out of the U.S. to get it renewed. I don't have anything that states this though, so who knows if it's true. Hopefully we can get the documentation off the University and all this will be cleared up.


01/09/09 - Sent I-129F

Visa Approved!

23/07/10 - Arrived in the U.S.

28/08/10 - Got Married

20/10/10 - Sent AOS

04/11/10 - InfoPass Appointment to request an Expedited AP

05/11/10 - Expedited AP Approved! RFE requested for AOS

01/02/11 - RFE sent

01/01/11 - RFE Received

01/12/11 - Biometrics taken

01/28/11 - EAD Approved

02/02/11 - AOS moved to CSC

03/07/11 - Greencard Approved!

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline
You would have received a new I -94.

But if you were under 18 1/2 when you left you would be OK anyway.

I don't have an I-94, unfortunately.

Also, I was just about to turn 20 when I left (in June 2008) :unsure:

There are several things I do not understand, my belief is that a H is given for 3 years renewable once, but your original entry and visa dates do not add up.

And my understanding is that to get a new I-94 you have to do a trip, Canada and Mexico for example to get a new stamp.

I did not think you could extend in country, could be wrong.

The visa in my passport states that it was valid from April 2004 - July 2007. However, we did not enter the U.S. (original entry), until July 2004.

My father said that because it was a family-based visa, we didn't have to make a trip out of the U.S. to get it renewed. I don't have anything that states this though, so who knows if it's true. Hopefully we can get the documentation off the University and all this will be cleared up.

H is not a family based visa, it is a work visa.


“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.”

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Australia
Timeline
You would have received a new I -94.

But if you were under 18 1/2 when you left you would be OK anyway.

I don't have an I-94, unfortunately.

Also, I was just about to turn 20 when I left (in June 2008) :unsure:

There are several things I do not understand, my belief is that a H is given for 3 years renewable once, but your original entry and visa dates do not add up.

And my understanding is that to get a new I-94 you have to do a trip, Canada and Mexico for example to get a new stamp.

I did not think you could extend in country, could be wrong.

The visa in my passport states that it was valid from April 2004 - July 2007. However, we did not enter the U.S. (original entry), until July 2004.

My father said that because it was a family-based visa, we didn't have to make a trip out of the U.S. to get it renewed. I don't have anything that states this though, so who knows if it's true. Hopefully we can get the documentation off the University and all this will be cleared up.

H is not a family based visa, it is a work visa.

Sorry, I meant my own visa (H-4). H-4s are only issued to immediate family members of H1-B etc visas. I know my father's visa is a work one, but H-4 is for family only - we could only live in the U.S. We couldn't work, get a SSN etc.


01/09/09 - Sent I-129F

Visa Approved!

23/07/10 - Arrived in the U.S.

28/08/10 - Got Married

20/10/10 - Sent AOS

04/11/10 - InfoPass Appointment to request an Expedited AP

05/11/10 - Expedited AP Approved! RFE requested for AOS

01/02/11 - RFE sent

01/01/11 - RFE Received

01/12/11 - Biometrics taken

01/28/11 - EAD Approved

02/02/11 - AOS moved to CSC

03/07/11 - Greencard Approved!

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

Al H Visa's are work, the H4 isa derivative of the H1 and is dependent on the continuing validity of the H1.

I think he has it screwed up.


“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.”

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Australia
Timeline
Al H Visa's are work, the H4 isa derivative of the H1 and is dependent on the continuing validity of the H1.

I think he has it screwed up.

Hmmmm, that does make sense.

I suppose the best, and only, thing I can do is get the documentation from the University - then I'll know for sure what's going on. But thank you so much for your help and feedback.


01/09/09 - Sent I-129F

Visa Approved!

23/07/10 - Arrived in the U.S.

28/08/10 - Got Married

20/10/10 - Sent AOS

04/11/10 - InfoPass Appointment to request an Expedited AP

05/11/10 - Expedited AP Approved! RFE requested for AOS

01/02/11 - RFE sent

01/01/11 - RFE Received

01/12/11 - Biometrics taken

01/28/11 - EAD Approved

02/02/11 - AOS moved to CSC

03/07/11 - Greencard Approved!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...