What to do if my employer forgot to forgot to send in my wife’s H4?

My employer filed my H1 (under premium) from F1 and suggested me to put my wife’s H4 (I539) together in the combined file, so both could go at the same time. I did that 2 months ago and my H1B was approved about 2 weeks later. However, I never got receipt about her so today I checked with USCIS office and found that they don’t have anything about her. It looks my employer didn’t send her file. Our F1 (her F2) I -20 expired 3 months ago, so the 60 day grace period ended at the end of last month. What can I do to change her status to H4 at this point? Please, suggest it’s very urgent. Does she need to leave the country and get H4 stamped?

Asked on October 22, 2013 under Immigration Law, Texas


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

She will most likely need to leave to get this or see if your employer can intervene and deal with the USCIS office to get a waiver of some sort or extension. It isn't her fault or yours so it may be allowed but try this first before going to extremes. You may also need to have your employer hire immigration counsel at its cost to help.

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