H1B Overstay for 116 days

My last I-94 digital entry, which was linked to my H1B application and an old passport, expired in February 2025. This occurred because I was unaware that my I-94 needed to be automatically updated with Customs and Border Protection after I renewed my passport in December 2024.

Despite this, my I-797 H1B approval notice was valid until April 18, 2026.

On May 8, 2025, my employment with Company XXX ended. At that point, I consulted my attorney to clarify my visa status, which is when we identified the discrepancy between the I-94 and I-797 validity dates.

To ensure compliance with U.S. immigration law and prevent the accrual of unlawful presence, I promptly departed the United States on May 30, 2025.

on 08/08 I am going for H4 consular interview at Hyderabad? Has any one gone through this situation? Any specific documents do I need to carry for out of status scenario ? Please suggest ?

Also since I am transitioning from H1B to H4 visa , if the consular officer asks are you planning to work , how should I respond to that?

They will most certainly ask for explanation of why extension was not timed timely. You should have a valid and good reason to convince them.

H4 is not allowed to work until they have H4 EAD.

You can say that i will follow the law and will not be working on H4 visa.

Everything went well and am back in US. No questions asked at consulate except for visa copy of primary applicant and the state of residence. Please clearly mention the details of overstay in DS160. I put in every detail so they are clear . DM me for any further questions

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Congratulations. Happy to see back in the US.

Enjoy.