H4 Overstay( 13 months)

[watch12345678]

There is an H4 RFE asking for the extraordinary circumstances for the delay in applying H4 extension after it got expired 13 months back.The mess has been created by employer.

Contacte Attorney and has suggested for Non Pro trunc and not to lave the country for my wife and kid which will result in 10 yrs ban.

My questions!

1. Can she leave USA and attend H4 visa stamping after H4 RFE is approved here in USA?

2.How does the 10 yrs ban trigger while leaving the country..does this get updated automatically in the system when the departure date is provided?

I am searching for answers on this issue if any one could share their experiences from past.

Please guide and provide info by any one who can..I appreicate your responses.

I am trying to gather information and experiences as to decide on the option 1.

Please share your views and experiences.

Regards,

Sri

[pontevecchio]

Once forgiveness is granted they can leave. This is not your employers remit but your's.

[watch12345678]

Thank you for the response on my query.As for the "This is not your employers remit but your's.", As complete info has not been provided in the post, i do understand on the statement. I have asked my employer on H4 cleary while applying for my h1b extension and it was stated they have submitted along with my H1B petition and has always maintained that H4 can be applied any time after the H1b approval.

even after i came to know on the H4 overstay i.e after the h4 extension have been applied.It is the responsibility of the employer to advise when his employee is seeking guidance!. anyway as the damage has been done, i pray for the issue to be resolved.

My attorney is filing a NON PRO TRUNC this week.I will keep updated in this forum on the outcome.

I really appreciate the time spent for providing the response again.

Regards,

Sri

[JoeF]

Even if the company has offered to file an H4, it is the applicant's repsonsibility.