Applying H4 extension I539 with NPT

USA
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1

Hi Anil

I have query regarding my son H4 visa extension.
My son H4 visa is with my wife H1, and my wife H1 extension filed on August 22nd 2019 and got approval till March 2020. But Attorney/ employer forgot to apply for H4 extension in Aug 2019. My son’s H4 visa and I-94 expired in Sep 9th 2019.
Now what are all the options for my son to stay in USA?
1 >Can we apply for H4 extension even after I-94 expiry?
2> Is my son required to go back to India and go for stamping?
3> We see in forum, that few people applied H4 extension with NPT? Can we do it now?
4> As my wife’s h1 extension got approved only till March 2020 and her employer is going to apply h1 extension again in next few days, do we need to do apply once again the H4 extension for my son along with the other application in progress?
5> We have a plan to travel to india in June 2020, Can my child travel to india, while these H4 extensions are in process?

Please suggest your inputs here.

2

Hi @nareshtata1

I strongly suggest to go out of US immediately and get H4 visa stamped for your son.

Staying in US for more than 180 days may get your son a 3 year entry ban.

Do not take this risk and go immediately.
Chances of H4 visa approval are good.

You can file H4 extension now with NPT but i don’t suggest it as it can be denied and your son has already overstayed for 6 months. It is your risk to keep staying and file NPT.

3

Hello Anil,

I have few questions about this as Im in a similar situation with regard to my wife.

  1. Can I file I539 online and will that stop the unlawful presence period the moment my submission is accepted?
  2. Can I file NPT after submitting I539 online? Or do I have to file it together?
  3. Doing an online submission is a good idea in such a case where I-94 is expired and you have incurred unlawful presence days?