Overstayed H4 visa.


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My H1B and my wife’s H4 expired this year on 09/30/2023 and  I received my approved extension I797.

However, I were never informed or aware that I need to file an H4 extension as well and need to file an I539 for her. Given this fact she overstayed by 46 days and left only on 11/ 16/2023.

Post this we both traveled to India and got our visa’s stamped without any problem with validity till June, 2026. I flew back to US and my wife is scheduled to fly to US in Feb, 2024.

Now I have below queries based on above facts that I never filed an I539 for my wife and she was here in US out of status for 46 days :-

  • What steps need to be taken to remediate this situation since she is about to travel back to US in February, 2024 and I genuinely had no idea about it up until now as I was never informed of any such requirement from my company's immigration team.
  • Additionally when filing DS-160 for my wife visa I didn’t mention that she overstayed which was also a miss from my end . However she received the visa from the consulate without any issues or questions.
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