H4, I-94 expired, but H1, I-94 is valid

[Vrishin]

Mine(H1) and My Spouse (H4) Visa, I-94 valid till Sep 2018. 　

I have applied my H1 extension in Jun 2018 (Not applied for my wife as she was not here in USA that time).　

She came to USA in Jul 2018 when my H1 extension is in processing.　

Unfortunately, we forgot to apply H4 extension for her.　

My H1 extension got approved in Oct 2018(with Validity: Jun 2018 to till May 2020). but We forgot to apply her H4 extension.　

She went to India in May 2019. So from Sep 2018 to May 2019 overstayed.　

So what are the possible options for her to get H4 stamping, I-94 extension(right now she is in India) and come back to USA?　

Please advise.

[shekar11#]

On 7/11/2019 at 1:59 PM, Vrishin said:

Mine(H1) and My Spouse (H4) Visa, I-94 valid till Sep 2018. 　

I have applied my H1 extension in Jun 2018 (Not applied for my wife as she was not here in USA that time).　

She came to USA in Jul 2018 when my H1 extension is in processing.　

Unfortunately, we forgot to apply H4 extension for her.　

My H1 extension got approved in Oct 2018(with Validity: Jun 2018 to till May 2020). but We forgot to apply her H4 extension.　

She went to India in May 2019. So from Sep 2018 to May 2019 overstayed.　

So what are the possible options for her to get H4 stamping, I-94 extension(right now she is in India) and come back to USA?　

Please advise.

Tricky situation. She might face some trouble. Need to explain the situation clearly to Visa officer and just hope for the best.

[Vrishin]

Thanks for the info.

[Vrishin]

Can my spouse go for Drop-box stamping as she is eligible until Sep 2019. So What would be the answer for the overstayed question in DS-160?

Please clarify.

[pontevecchio]

Since she overstayed the I94 by more than 6 months, you may like to get a lawyer involved to see whether a waiver of the 3 year ban on coming back is possible.