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DAP Forums > DREAM Act > The Lounge

expired H4 visa nquiry

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#1
12-20-2010, 03:23 AM
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Hi, i have an H4 visa that has expired way back in 2004. I never worried about it because that time, i could go to school(high school) and i got my state ID. So basically, i was young and naive when it comes to this kind of issues. I even took my driving exam test but failed all tries till it came to the point that i was about to graduate HS and at the same time, my visa was about to expire. Honestly speaking, mom reminded me that visa was about to expire and should get my DL ASAP, but i slacked off till everything was too late to get done. I know that i was stubborn and should've gotten my DL then. I have acquired my Associate Degree in BUSINESS from a community college and now, hopeful to start my 2yrs left of college at a university in spring. So now my question is, i just thought if there's any way that i can get an extension to my expired visa. Would that be possible somehow some way? I know that it has been a while from the time that my visa expired but i just randomly thought of it. Your opinions and suggestions will be much appreciated. thanks
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#2
12-20-2010, 06:49 AM
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I am not a lawyer, but I was in the same situation as you. The short answer is that no, you can't renew your expired H4 visa at this point, especially since it's been expired for 6 years. If renewing expired visas were that easy almost everyone on this forum will still be legal.

I'm assuming that one of your parents is the principal H-1B visa holder. If you're 21 and older you're also no longer eligible for an H4 visa, since that's issued to minor children of H-1B visa holders. So either way, you're kinda out of luck.

If you're going to re-apply for a new visa, you will have to return to your country of origin. The problem is, once you leave, you'll end up triggering the 10-year-ban, since you've accumulated more than a year of unlawful presence in the US.

In any case, why was your original visa not renewed?
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#3
12-20-2010, 03:06 PM
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So im really out of luck then... I see. Yea my mom is the H-1 visa holder. As far as i know about our visa not renewed, i think we didn't have enough money that time. She was the only person working in our family so we were really short handed financially. Although, we could've borrowed some money from relatives, but everything was too late. Also, my mom hesitated to ask her relatives and friends for money too....
If you dont mind me asking, you said you were in the same situation before. How did you handle it?
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#4
12-20-2010, 08:12 PM
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Quote:
Originally Posted by DU203 View Post
So im really out of luck then... I see. Yea my mom is the H-1 visa holder. As far as i know about our visa not renewed, i think we didn't have enough money that time. She was the only person working in our family so we were really short handed financially. Although, we could've borrowed some money from relatives, but everything was too late. Also, my mom hesitated to ask her relatives and friends for money too....
If you dont mind me asking, you said you were in the same situation before. How did you handle it?
Well, right now you have another option for adjusting status- marriage to a USC. Since you're an overstay you can adjust your status without leaving the US. But first, you should check whether there's a permanent residency application filed on behalf of your parents, and see if you can benefit from it.

As for my situation- at first everything was hunky-dory because my mother told me that we had a permanent residency application pending, so we can adjust status later either way. Turned out there wasn't one. Wasted $$$ on a couple of lawyers who told me the same exact thing I just told you. I took my free degree(s) and left the US after several months of emotional torture. I'm currently working on my master's now and planning to immigrate to New Zealand or Australia in five years.

I wish you the best of luck. I hope everything works out, whatever you decide.
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12-21-2010, 04:21 AM
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I feel you.... So you really left the states for good then huh? Im not gonna ask where you decided to go to. I hope everything goes well for both of us. Though, we could really say that our fate in America is pitiful, harsh, and unfair. The land that we thought everything will be treated equally and fairly. I really had my hopes up on that Dream Act though. Oh well, it aint as easy as what i thought. For now, im planning to finish my remaining 2 years of college and soon become an accountant. I just hope that obama spare a tad of his time to read all of our posts here so he can really feel it emotionally, spiritually, and mentally. I wonder what he is doing right now, if he is thinking about the "Dream Act" or something that will help us live our dreams.....Why is America gotta be the CENTER OF ALL in this world, huh?????? mannn, we could've been somewhere else if every place in this world is the same as the REAL AMERICA, right? you feel me?
Do you have a plan to come back here?
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12-21-2010, 04:47 AM
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Thanks. Best of luck to you, too. I've been encouraging my siblings to take their degrees and run after DREAM failed twice this year.

I'm of the belief that most American politicians are scumbags. They shovel shit over their fellow Americans and the world for a living. Republicans are just more honest about it, so you gotta admire them for their cojones, even though their politics are reprehensible. Democrats, on the other hand, not only lack balls but courage and conviction in the ideals they supposedly espouse.

In any case, I do plan to come back to US- not as an immigrant, but as a visiting researcher or professor. I'd suggest that you consider working for an international company; you might be able to obtain an L1 visa that way if you don't have any other avenues for adjusting status.
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