H4 overstay 174 days and i539 denied


Nishababy

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Hi all

My I 94 expired and I realized it very late. Spouse's employer missed to extend my visa. Then we filed i539 with help of an attorney in NPT but it got denied yesterday. So we booked tickets to travel back to India. My question here is if at all I give an explanation like my husband's company missed to extend my visa, will they give a new h4 visa to me? My overstay period is less than 180 days. Anybody has come across same situation ? 

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Hello, 

I have been in that situation earlier in 2013, in our case too it was close to 170 days overstay. In visa interview, my wife was questioned about the I-94 expiration, she answered that it was an overlook. Visa-Officer did mentioned that she didn't stay over 180 days, issued the Visa without further processing/delay.

Things were different during that time than what it is now. I believe your only option is to go ahead with the VISA interview. As always, be open to the Visa-Officer and just agree to the fact that it was an overlook. Good Luck.

Thanks

ASP 

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