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My husbands company lawyer forgot to file my h4 extension…

Customer Question
Hey...my husbands company lawyer...

Hey...my husbands company lawyer forgot to file my h4 extension along with his h1...his h1 is approved..but mine is not filed

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

No....

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes my husband will talk today

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My I 94 is expired for more than 180 days

Submitted: 11 months ago.Category: Immigration Law
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Answered in 4 minutes by:
9/13/2017
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 11 months ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,997
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 11 months ago

If you are still in the US and you did not submit an extension for your H4 together with your husband's H1 then you are not out of status and you have been out of status all this time. The easiest thing would be for you to depart the US and enter again to get a new H4 with your husband's new H1B extension. However, if you have been out of status more than 180 days, then as soon as you leave, you will be barred from returning for 3 years. The other option is to submit an I-539 nunc pro tunc ("now for then'") which is requesting that due to an error out of your hands, your status be extended starting when it originally expired as it should have been when your attorney made the mistake.

You should get a local attorney to assist you with that if you choose to do that. It is very delicate and needs to be done correctly and you should do it right away. Do not wait any longer.

Good luck to you and I hope this answer has helped you!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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