H4 Visa and I-94 expired 362 days ago

[VKP_2018]

My wife's H4 visa and I94 was expired before 362 days ago, our attorney suggested to exit the country before it gets over 364 day to not to risk being banned for 10 year.

We followed the advice and sent my family back to India very next day(364th day), Now I received my H1 extension, I am going back to Delhi India for the interview along with my family.

Need suggestion, advise or anything which can be helpful in my scenario.

 

[pontevecchio]

Did he not tell you of the 3 year ban for overstaying the I94 more than 6 months?

[VKP_2018]

She told me that if they stay here for more then 365 days then they will risk being banned for 10 years, So in her advice its better my family should leave the country to avoid that.

And once I have my new extension, family can go to consulate and appear for interview. If they get denial we can file the waiver for the family.

 

[JoeF]

5 hours ago, VKP_2018 said:

She told me that if they stay here for more then 365 days then they will risk being banned for 10 years, So in her advice its better my family should leave the country to avoid that.

And once I have my new extension, family can go to consulate and appear for interview. If they get denial we can file the waiver for the family.

 

She is banned for 3 years. She won t get a visa until the 3 years are over.

[avon1]

what was outcome of visa application

[VAR1234567]

what was outcome of visa application