Expired I-94 but valid H4 visa stamped on passport

[kumar_vijay7]

Hi,

I got into this situation due to some confusion and looking for help. My wife had I-94 issued until Aug 11, 2018 since her passport was expiring on the same date. She got her passport renewed but forgot about the I-94 expiration. She over stayed for 17 days from Aug 11 until Aug 28, 2018. When she realized her mistake, she immediately left to India on the night of Aug 28, 2018. Now she has valid H4 visa stamped on her old passport until Feb 19, 2019. Can she enter into United States on her valid H4 visa stamped on old passport OR she has to got to US consulate in India to get new H4 visa stamping?

Any help is appreciated. 

Thanks

[pontevecchio]

sHE SHOULD CARRY BOTH PASSPORTS. tHE VISA IS VALID.

[kumar_vijay7]

Thanks for you reply. I talked to my company attorney and he suggested my wife to go for H4 visa stamping again.

[pontevecchio]

Your post is a bit confusing. If she overstayed the I94 then she needs to get a new visa. 

[kumar_vijay7]

On 9/8/2018 at 11:50 AM, pontevecchio said:

Your post is a bit confusing. If she overstayed the I94 then she needs to get a new visa. 

Thanks for the clarification. I really appreciate your help with this. She went for visa stamping again and everything sorted out. Here is my experience and summary of issue that we encountered in case somebody is in similar situation:

 

1. My wife I-94 was issued until Aug 11, 2018 since her passport was expiring on the same date. However she had valid H4 visa stamped on her passport until Feb 19, 2019.

2. We renewed her passport but forgot about the I-94. As a result, she overstayed for 17 days. However she left the country as soon as realized this mistake.

3. She went to India and applied for H4 visa using dropbox on Sep 6, 2018. She got her H4 visa issued on Sep 11, 2018

 

I think if we follow the process and clearly specify in DS-160 what happened while booking the visa appointment, we should not face any issues.

 

Thanks

 

[swamy18286179]

Hi Vijay- I am in a similar situation and Could you please tell me what was your response in DS-160 for the question have you ever overstayed in US ?

[kumar_vijay7]

On 9/17/2018 at 6:53 PM, swamy18286179 said:

Hi Vijay- I am in a similar situation and Could you please tell me what was your response in DS-160 for the question have you ever overstayed in US ?

I answered "YES" to question for overstay in US. You have to be honest and briefly explain what exactly happened and what lead to overstay in US.

[Note: This is just my opinion and from my personal experience. This is not legal advice.]