Pralhad B Posted January 21, 2020 Report Share Posted January 21, 2020 Hi, I was on H1 visa and I changed my employer in 2016 and went for Visa stamping. Me (h1) and my wife(H4) both got visa till December 2016. In October 2016, my employer filed for H1 extension & got the extension. But he missed to file H4 extension. By the time, we realized this, it was already 69 days past and she travelled to India immediately. Whether 69 days will be considered as 'Unlawful presence' for my wife. Also wanted to mention that she had H4 petition from my previous employer which was valid till July 2017. She went for Visa stamping and her visa was denied under section 212(a)(9)(B)(II) which applies to aliens "Unlawfully present in US for 1 year or more". Could you please look at the above details and let me know if she still falls under "unlawful presence of 69 days" Quote Link to comment
pontevecchio Posted January 21, 2020 Report Share Posted January 21, 2020 Run your specifics by a lawyer. No such thing as an H4 petition. H4 is always a status. Quote Link to comment
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