Published on Lawyers.com and the Epoch Times on May 26, 2017

Q & A.

Spouse Visa (L-2) Extension Application After I-94 Expiration Date

My company forgot to file the L2 visa extension request for my wife along with my extension request and my wife's I-94 is already expired on 4/18/2017. I already got visa approval from USCIS on last week. Is it possible to file L2 extension for my wife right now on any exceptional category right now even her I-94 is expired over 1 month. If Yes please share the detail, so that i can go for extension.

Mr. Lee answers:

USCIS may excuse late filings to extend non-immigrant status on form I-539 application to extend/change status under the following conditions:
1. The delay was due to extraordinary circumstances beyond your wife's control;
2. The length of the delay was reasonable;
3. Your wife has not otherwise violated her status;
4. Your wife is still a bona fide nonimmigrant; and
5. She is not in removal proceedings. 

 Hopefully the adjudicating officer will believe that the company's failure constitutes extraordinary circumstances if your wife submits the application. 
 

Do lawyers check applications ?

Do lawyers check applications when you ask them to if you fill it out on your own?

Mr. Lee answers:

That depends on the lawyer.  We generally believe that consultations are general in nature to go over client situations, and not to check applications filled out by them.

RFE on H-1B Amendment Petition. Can H-4 Travel to India?

My husband is on valid H1B visa and I am on H-4 visa, due to change of client the company has filed an amendment petition and my husband got a Request for Further Evidence (RFE) on that petition. So currently my husband’s company have responded to RFE and waiting for USCIS to respond back. In this situation can I travel to India on H-4 visa?

Mr. Lee answers:

Your H-4 visa is dependent upon your husband's continuing H-1B status. If the denial of his application would place him out of status, you should not be thinking of traveling at this time. If the denial is of a future position and would not affect his present H-1B position, then you may be able to make the trip as your husband would still be maintaining status even if there is a denial.

Copyright © 2003-2017 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.