ravireddy288 Posted March 30, 2019 Report Share Posted March 30, 2019 Hello, My spouse's I94 is expired an year back. She is on H4 EAD. We noted this today. This happened due to the fact that I94 expiry date was based on the old passport expiry date and we did not know that to change the i94 date in the new passport as per i797A. As of today, I94 is expired but we have valid i797A till Sep 2019. We are left with a few options. I spoke and heard these options from very experienced attorneys/firms. I am in a dilemma. One attorney say one and other one has different option. Apply for Nun Pro tunc - We have an opportunity that My employer and her employer can do this. We are hesitant to go with Nun Pro Tunc due to the success rate. Leave the country and go to India, wait till current i797A expires. During next few months, my employer will extend my H1. My spouse will use latest i797A of mine and appear at the consulate for an interview. CBP office option is there, but there is a lot of risk. What say? Thoughts? Quote Link to comment
JoeF Posted March 31, 2019 Report Share Posted March 31, 2019 If she leaves the country she would have a 10-year ban. NPT is the only option. Quote Link to comment
Rajmoody123 Posted October 16, 2020 Report Share Posted October 16, 2020 On 3/30/2019 at 11:26 AM, ravireddy288 said: Hello, My spouse's I94 is expired an year back. She is on H4 EAD. We noted this today. This happened due to the fact that I94 expiry date was based on the old passport expiry date and we did not know that to change the i94 date in the new passport as per i797A. As of today, I94 is expired but we have valid i797A till Sep 2019. We are left with a few options. I spoke and heard these options from very experienced attorneys/firms. I am in a dilemma. One attorney say one and other one has different option. Apply for Nun Pro tunc - We have an opportunity that My employer and her employer can do this. We are hesitant to go with Nun Pro Tunc due to the success rate. Leave the country and go to India, wait till current i797A expires. During next few months, my employer will extend my H1. My spouse will use latest i797A of mine and appear at the consulate for an interview. CBP office option is there, but there is a lot of risk. What say? Thoughts? I am in the same boat Ravi Reddy, I really appreciate if you could share what happened with your wife's case ? did you apply through NPT? Quote Link to comment
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