Urgent: H4 Extension was not filled before I-94 Expiry

[ikiranp]

Hi All, 

Please any advise. 

My H1B is valid through June 2018 but my employer forgot to apply H4 Extension for my Wife and her I-94 is expired on 31st Jan 2017. Its been almost a week she is in US and employer is seeking lawyer's advise in this case. 

#1 - I would like to know if anyone had similar case and how it was handled by individual and USCIS? 
#2 - Is there any implication on Future immigration process? 

We are worried about this and have no clue how it can be handled.

[pontevecchio]

The best way is for her to leave and return with the H4 visa and your petition approval. Next time try and remember to have her included. No implication in future if she leaves and returns.

[ikiranp]

Thanks @pontevecchio

I spoke to my employer's attorney and he has suggested two option:

1- Leave country and get VISA stamping done again and come back.

2. They will file nunc pro tun extension and he said there are chances that we will get approval but it may take 4-5 months. If denied it may raise bar of 3 years ban if stayed beyond 180 days.

We are confused, because considering current government situation, going back to India and getting stamping is risky as we have to mentioned overstay of 16 days in VIA form. also If we file extension and wait for approval, so bar of 180 days always would be on top of head.

I have question here:

If we apply extension nunc pro tun and wait for next 3-4 months (less than 180 Days) and if no update then leave the country. Overstay during wait period would be unlawful or with receipt we can stay up to 180 days.

 

 

[ikiranp]

On 2/13/2017 at 11:19 AM, ikiranp said:

Hi All, 

Please any advise. 

My H1B is valid through June 2018 but my employer forgot to apply H4 Extension for my Wife and her I-94 is expired on 31st Jan 2017. Its been almost a week she is in US and employer is seeking lawyer's advise in this case. 

#1 - I would like to know if anyone had similar case and how it was handled by individual and USCIS? 
#2 - Is there any implication on Future immigration process? 

We are worried about this and have no clue how it can be handled.

Hi

Finally we have decided to travel to India and get new VISA.

Overstay of 2 weeks would need any documented clarification letter for VISA interview? Attorney suggested this is quickest and safest way to do this so we are taking chance on this option.

Hope so everything would be fine and she will back in US.

I will update about VISA processing in India.

[pontevecchio]

The so called "present situation" has nothing at all to do with your problem. You are rightly returning for the visa.

[ikiranp]

Hi,

Here is Update:

Employer's lawyer has submitted H4 Extension under Nunc Pro Tun and we will get receipt in next 10 days. Its been 16 days my spouse is out of status.

Question: Should we wait for next 2 months for approval, if approval does not come in next 2 months if she travel to India. Will Receipt and affidavit will help her at consulate in India to justify the delay.

Do anyone has similar stamping experience in India, where H4 had overstayed and NPT was filed?

 

[pontevecchio]

It would be very imprudent for you to second guess your lawyer. That would need a consult with another lawyer and not a forum.

[asbhaskar]

What you did in your situation? Did you file NPT or went for stamping?

Please advise, i am in same situation. Thanks