Our firm has been successful in numerous H-4 (and H-4 nunc pro tunc) out of status cases (involving unlawful presence leading to a three-year to ten-year bar). Of particular note, one gentleman assumed if his H-1 was renewed, his dependant's H-4s were automatically renewed. Upon learning of the need to file for H-4 renewals, this gentleman consulted various attorneys and even took his case to Court. He was unsuccessful in bringing his dependants back into H-4 status. After nearly four years of having his dependant's out of status, he contacted our firm and we were able to renew the beneficiary's H-1 and bring his derivative beneficiaries back into status within 2 days time. Please do not assume this will happen in every case. But it did in this one.
H-4 Visa Sample Cases
These are some sample cases from our files. It is impossible for us to present all have done past over 15 years of our practice. But these were some cases that came to mind when we started writing this column 2-3 years ago.
We filed a case against the USCIS where the H-1B visa holder attempted to maintain legal status for both him and his H-4 dependents. The attorney at the time filed the application for the H-1 extension, but neglected to submit applications for the extension of the H-4 dependents status. We submitted a request to USCIS for the extensions of the H-4 dependents' status with a detailed legal brief. USCIS granted the request for extension and the I-94's were attached to the approval notices.
We filed a case with USCIS where the H-4 dependents of the H-1 visa holder were out of status since 2000. They believed that they were in legal status as long as the H-1 visa holder maintained status in the US. We filed a request for an extension of their H-4 status accompanied by a brief in support of the application. USCIS granted the extension of stay and issued approval notices with the I-94's attached.
We filed a case on behalf of our client against USCIS where the H-4 dependents' application for a change status was denied by USCIS because the application was not filed in a timely manner. The dependents were Citizens of Canada who wanted to transfer from TN status to H-4 status. Due to circumstances beyond their control they were found by USCIS to have lost their lawful status in the U.S. We filed a Motion for Reconsideration with USCIS. USCIS approved the application and the applicants were granted H-4 status retroactively.