Earlier my husband was working on L1b visa with abc He transferred status from L1B to H1b on Oct 1st 2014. (As My H1b sponsored by “ def”. He joined “def “from Oct 1st 2014) in the same month he initiated L2b to H4 status transfer. This case is still in progress.
Meanwhile my husband changed company from def to ghi. My husband received his H1b transfer approved notification. And extended I94
During this process mine and my child I94 got expired in March 2015
As per the ghi company suggestions we are travelling back to home country and appearing for stamping interview?
If they ask me the question like… Why you overstayed on expired i-94? What answer should I give? Pls suggest.
You seem to be guided by the company's immigration attorney who is privy to more details regarding your case. I suggest that you direct your inquiries to that employer and the employer's immigration attorney for guidance. Good luck to you.
If the the I539 was filed prior to the the first day of his H, you are ok and need to wait. There is no oversty. You can travel an get your H4 nut the I539 will be deemed abandoned.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
What did your husband's immigration lawyer tell you when you posed this question to him/her? Only he/she is familiar with all aspects & intimate details of your case/situation and as such in best position to meaningfully answer this and other questions you might have on the subject.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 22 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
If someone is guiding you to depart the U.S. they should also answer your questions.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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