subu2687 Posted January 29, 2020 Report Share Posted January 29, 2020 Hello, My wife and son are on H4 Visa and they are living in USA with me now. They have an approved I797 for H4 from my previous employer till April 2020. I switched employer in January 2018 and had approved H1B till January 2019. By the end of 2018 we traveled to India for a vacation and had our Visa stamped. When we entered the country by the end of December 2018 the I94 for all 3 of us got updated to January 2019. My H1 extension was applied then and got it approved till June 2020. I wasn't aware that the I94 dates get overridden until I sent the documents to attorney for H4 extension today. Now she is currently in overstayed status for a little more than a year. She and my kid are planning to travel to India for a Visa stamping immediately. Please advise what documents should be carried for the Visa interview and also what is probability of getting Visa stamped. Thank you! Quote Link to comment
pontevecchio Posted January 29, 2020 Report Share Posted January 29, 2020 They may need a forgiveness application. They SHOULD NOT leave. First, talk to the company Lawyer and ask for ideas. Quote Link to comment
newacct Posted January 29, 2020 Report Share Posted January 29, 2020 Your wife will trigger a 10-year ban if she leaves the US now, so she should consider her options before leaving the US. (If your son is under 18, he didn't accrue unlawful presence and won't trigger a ban if he leaves.) See if your company lawyers can file nunc pro tunc extension of status. Quote Link to comment
shekar11# Posted January 29, 2020 Report Share Posted January 29, 2020 4 hours ago, subu2687 said: Hello, My wife and son are on H4 Visa and they are living in USA with me now. They have an approved I797 for H4 from my previous employer till April 2020. I switched employer in January 2018 and had approved H1B till January 2019. By the end of 2018 we traveled to India for a vacation and had our Visa stamped. When we entered the country by the end of December 2018 the I94 for all 3 of us got updated to January 2019. My H1 extension was applied then and got it approved till June 2020. I wasn't aware that the I94 dates get overridden until I sent the documents to attorney for H4 extension today. Now she is currently in overstayed status for a little more than a year. She and my kid are planning to travel to India for a Visa stamping immediately. Please advise what documents should be carried for the Visa interview and also what is probability of getting Visa stamped. Thank you! Better get in contact with an immigration attorney and discuss options. 1 year overstay is a bit serious. Quote Link to comment
User099 Posted January 29, 2020 Report Share Posted January 29, 2020 6 hours ago, subu2687 said: what is probability of getting Visa stamped. Just tell the truth that you messed it up and did not file for an extension in time. Don't lie or come up with a story and make an blunder out of it. Just hope for the best. Quote Link to comment
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