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sunnnyc

H4 I94 gap for more than 6 months

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I know similar question has been asked many times in this forum, but I couldn't find any clear answer so asking it again. 

Situation:

  • Original H4 I797 and I94 expired on December 2017
  • Filed H4 Extension with NPT on September 2018
  • H4 extension approved with validity of February 2019 onward similar to H1 extension approval. 
  • Correction request to USCIS to update H4 extension validity from filing date (Sept’18) if not the originally requested Dec’17 is pending and escalated to USCIS adjudication officer

Problem:

  • New and old H4 I94 gap is more than 350 days to date already
  • No clear indication from attorney on how to bridge this gap other than ref. of a very old case that practically says that if USCIS approves an extension, it can be inferred that they are doing it from the day of the beneficiary’s expiration. In other words, I94 gap is not a problem if extension is approved as long as lawful presence in concerned. 
  • Possible complications during adjustment of status and/or stamping in future. Appeals/Waiver/ARO route.

Question:

  1. Is there any clear way to bridge I94 gap in this case? 
  2. Would it be a fair option to file another H4 extension along with NPT to request approval for the gap period (Dec’17 to Feb’19) based on current H1B approval?
  3. Last, does Form I-102, Application for Replacement/Initial Non-immigrant Arrival-Departure Document applicable here?

I’d sincerely appreciate any inputs from knowledgeable members of this forum or anyone who been through such situation. Thank you in advance. 

 

 

 

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The very fact that she got an I94 with the approval keeps her legal. There is no need to bridge the gap. If she was considered out of status or in illegal status, she would not get an I94. Are you paying for the lawyer? Ask him bluntly about the situation instead of letting laymen give you advise.

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On 12/13/2018 at 12:40 PM, pontevecchio said:

The very fact that she got an I94 with the approval keeps her legal. There is no need to bridge the gap. If she was considered out of status or in illegal status, she would not get an I94. Are you paying for the lawyer? Ask him bluntly about the situation instead of letting laymen give you advise.

Thanks pontevecchio! Appreciate your response. Yes, fully paid a greedy lawyer at big firm, and on her mercy. Well, I guess it's a whole different topic.

So now it’s our time for visa stamping with the situation as explained above i.e. stamping on the basis of latest approved H4 petition regardless of the gap period. 

There is a question on DS-160 asking "Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?" Yes/No? If yes, explain. 

We fairly understand the cardinal rule of the process and will be following it sincerely. Plan is to put brief explanation on DS160 and to carry NPT affidavits etc. for the visa interview. 

I am trying to understand if there are any other possible ways to manage her visa stamping better? Any probable risk other than an rfe that we should be aware of in our situation and current shutdown weather? Great if anyone who might been through similar issue could share experience. 

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