Urgent Help Plz !!!!!!!!!!

[K_nar2002]

I have recently applied for my H1B extension and forgot to apply for my wife h4 extenstion.

MY wife's H4

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I-94 and visa expired on 10 NOV 2012.

Please suggest me what i need to do.

1. does she need to leave Us ? and go back to india for stamping ?

2. Can we apply Bunc Pro Tunc H4 for her ?

Resons for Delay:

1. I had recent had a majory Surgery

2. we recently had a baby.

Please suggest me

Thanks in advance.

[rrr2008]

Better contact an immigration attorney immediately.

there is a similar post in this group and the murthy attorney replied it

"Accrual of unauthorized time in the United States after expiration of status (legally called "Unlawful Presence") is tolled when an individual is under 18. Assuming the individual is under 18, and no other ineligibilities apply, a H-4 dependent who has overstayed the expiration of their status is eligible to be issued a H-4 visa at the consulate. They should be prepared to explain the reasons why the status lapse occurred. If the individual is over 18, and has accrued 180 days or less of Unlawful Presence, they are barred from returning to the US after departure for 3 years. The bar increases to 10 years if the unlawful stay exceeded one year."

[Attorney_11]

It is best to consult a qualified immigration attorney to determine a personalized legal strategy. Presence in the United States without status for a period of greater than 180 days may subject an individual to a bar to re-admission to the United States for three years which can increase to 10 years if the unlawful stay exceeds a period of a year.

[mayaraj]

@K_Nar2002

I am in similar situation. We thought we have to file for h4 once I get my approval which came in 3 months after her h4 expiry. Let me know what are you doing on your case.

Thanks