H4 I-94 expired now more than 180 days..Chances of NPT(nunc pro tunc)

[rockafficiando]

Hello,

My wife entered on H4 from India and then interviewed here and got a job.

While her H1 was underway, she left the country and entered in a week on the still valid H4

Naturally she got another H4-I-94 on arrival

While she arrived her H1 got approved and the I-797 came in the mail the next day

The I-94 of her I-797 had the previous I-94, and her passport "now" has an I-94 which had the stamp until August 15th- H4 validity

Her H1 issue date was May 29th and the time she entered the country was June 3rd

Her H4 i-94 expired on Aug 15th 2012

She and her employer thought she was on a H1, paid taxes, filed taxes, got e-verified and got Driver License extensions too.

She recently got a nice new offer and when we wanted to do the H1 transfer, we found that due to the above technicality, she is now on a expired H4 I94 more than 180 days

We want to see the best course of damage control options

1)Go out of country, stamp H4, come back and do a Change of Status(but i can see if she leave she is going to be banned for 3 years because of the overstay)

2)Or stay within the country, ask my company to file for her H4 extension via NPT(nunc pro tunc), get H4 , and do a CoS

I'm contacting multiple attorney's and wanted to get as much insight/ options that I can go with to best resolve the situation

Thanks for reading patiently and answering

[Sashidhar77]

Hi,

I am in a slightly similar situation, not exactly the same.

Could you please let me know what steps you had taken and what has been the outcome? Any input is highly appreciated.

Thanks!

 

 

 

Hello,

My wife entered on H4 from India and then interviewed here and got a job.
While her H1 was underway, she left the country and entered in a week on the still valid H4
Naturally she got another H4-I-94 on arrival
While she arrived her H1 got approved and the I-797 came in the mail the next day
The I-94 of her I-797 had the previous I-94, and her passport "now" has an I-94 which had the stamp until August 15th- H4 validity

Her H1 issue date was May 29th and the time she entered the country was June 3rd
Her H4 i-94 expired on Aug 15th 2012
She and her employer thought she was on a H1, paid taxes, filed taxes, got e-verified and got Driver License extensions too.

She recently got a nice new offer and when we wanted to do the H1 transfer, we found that due to the above technicality, she is now on a expired H4 I94 more than 180 days
We want to see the best course of damage control options
1)Go out of country, stamp H4, come back and do a Change of Status(but i can see if she leave she is going to be banned for 3 years because of the overstay)
2)Or stay within the country, ask my company to file for her H4 extension via NPT(nunc pro tunc), get H4 , and do a CoS

I'm contacting multiple attorney's and wanted to get as much insight/ options that I can go with to best resolve the situation

Thanks for reading patiently and answering

[kanth1b]

Hi rockafficiando ,

I am currently in exact same situation your wife is. We received call from out attorney saying that I entered USA on H4 on Feb 8th 2019. We received h1 b approval notice on feb 13th 2019. so we assumed H1B I 94 which is valid till Dec 31st 2019  is valid. My H4 I 94 was valid till MAY 26th 2019.

While applying for H1 extension, attorney pointed out that I am staying out of status for more than 180 days and I entered 3 year br. she said we can try our luck with deferred inspection office, or  move forward with filing H1B extension. I am in process of speaking with Murthy law firm lawyers on this. Could you please provide us an insight on how you resolved this issue. This will help us hugely!!!! Thanks a lot for your time

[JoeF]

8 hours ago, kanth1b said:

Hi rockafficiando ,

I am currently in exact same situation your wife is. We received call from out attorney saying that I entered USA on H4 on Feb 8th 2019. We received h1 b approval notice on feb 13th 2019. so we assumed H1B I 94 which is valid till Dec 31st 2019  is valid. My H4 I 94 was valid till MAY 26th 2019.

While applying for H1 extension, attorney pointed out that I am staying out of status for more than 180 days and I entered 3 year br. she said we can try our luck with deferred inspection office, or  move forward with filing H1B extension. I am in process of speaking with Murthy law firm lawyers on this. Could you please provide us an insight on how you resolved this issue. This will help us hugely!!!! Thanks a lot for your time

You are aware that this thread is more than 6 years old, are you? It is unlikely the OP is still around.

[kanth1b]

Yes, I am aware , Just did not want to miss any chances in case if the member is active in the forum for any other reason.