H-4 / I-94 expired, 20 days left in 180 days (URGENT)

[anantj]

Hi All,

 

I forgot to file extension of H-4 for my dependents while extending my H1B petition. Now only 20 days are left in 180 days. Should we apply for Nunc Pro Tunc and wait to see if it gets approved or its better to travel India and get fresh Visa stamped?

 

Thanks,

Anant

[jairichi]

First talk to an immigration attorney today. Based on that take a decision.

[anantj]

Thanks Jairichi,

 

I spoke to attorney and got to know that we can still apply for dependents extension and see if it gets approved, however thats gonna take minimum 3 months but dependent will still remain at 160 days out of status until we get some confirmation from USCIS. If they deny then dependents will have 20 days to leave country without getting barred for three years.

 

Hope things workout well.