H4 extension after i-94 expiry

Hi Anil,
Please help with my situation below.
I have recently applied for H1B extension and got my approval as well till 2023. Still am waiting for the receipt for H4 extension, however I doubt that H4 extension is filed for my wife.
My wife’s H4 stamped visa(i-94) is expired on Sep 5th 2020. I am following up with my employer as well to double check if extension is filed along with my H1 extension.
Meanwhile I have a question,
Since it’s been more than 60 days of her i-94 expiry, what is option to file an H4 extension?
Will I be able to submit an H4 extension now and continue staying in US?
Since she won’t be able travel outside US as we had a new born recently.
Please advise.
Thanks

You can apply H4 extension with NPT option after i94 expiry if you have a valid reason for not filing on time.

Hi Anil,
Thanks for your response. I have submitted regular application online for I-539 form and got the receipt for Nov 6th 2020 date. But I am quite not sure what is NPT option and I was not able to see that option. I have provided a supporting documents, a word document explaining my situation. Will that be considered as NPT option?
Will I still need to go with attorney as I won’t be able to travel outside US due to pandemic and also having a new born.

@anil_am22,
Thanks for having this website. It really helps to get answers for all different situations. Could you please let me response to my post when you have time.
I would also like to know if my previous regular application itself is an NPT filing or any separate filing required as i have provided supporting documents along with the online filing?
As per the above post I have provided birth certificate of my new born child and also got a letter from doctor to avoid travel to India due to CDC guidelines .I had a consultation with an attorney and she has advised to travel before 180 days which is March 5th 2020. Am still in process of applying OCI and passport for both of my kids.
Can i wait for a decision from USCIS before make a travel outside as they won’t be able to travel alone.?

NPT option means that you request the ‘start date’ as back date (when your i94 expired) and attach proofs.

Hi Seenu garu,

I am in same situation and applied my dependents visa after 5 months of I 94 expire.

What happened to your dependent visa result ?
Is it approved ?

Thanks,
Vamsi

Hi Vamsi,
Am still waiting for the final decision for my H4 visa from USCIS.
Have completed biometrics on April and still no results yet.

Thanks & Regards,

Pradeepkumar.

Hi Pradeep,

Is it possible to talk with you over the phone ?

It would be helpful if you share your number to my email id vamci.yalla@gmail.com

Regards
Vamsi Yalla

I would like to share a positive news here. H4 is approved with i-94 backdated. Thanks for all your inputs and support in this forum.

1 Like

Hi Seenu,

We are in the same situation now.

I forgot to file H4 EXTENSION for my wife and kid their i94 expired on 9- APRIL-2021. Due to covid pandemic I am not able to sent them back to home country.( in 135 days of i94 expiry).

Please tell us the step by step procedure you carried out to resolve the issue.

Kindly advice. I have valid H1B VISA upto.
30-AUG-2021.

my employer filed H1B extension after i140 approval.

Kindly advise. Your help is much appreciated.

Regards,
VETRIVEL

I have filled the extension Online after 60 days of i-94 expiry and provided correspondence documents as we had a baby during that time and also got a letter from doctor as Covid was peak during that time. Letter was very generic from doctor as travel to India during that time was not advisable. Also a letter saying reason for not filing on time and stated above reasons to officer.

Thankyou for the response seenu.

You were filed extension + NTP right.???

Doctor letter you got it from USA or India.??

We have filed extension for my wife and kid along with my H1B… after receiving the documents panned to sent my spouse and kid to India as they are nearing 180days of stay next week (143).

After going India she need to file DS-160 and attend visa interview and explain everything with reason… Is my understanding correct.??

Please correct me if I am wrong.

Kindly help me.

Regards,
Vetrivel

Yes, I have filed extension with npt option. So npt is similar to filing regular extension except providing additional supporting documents to provide reason for not filing before i-94 expiry. If your family is traveling to India, they can use your approved petition to get stamping. Once they travel outside your current extension will be automatically withdraw.

Hello Seenu,

I filed my wife h4 extension one day after i-94 expired. I filed online for my wife and i dont see any option NTP in the form.
As it is online , can we upload any supporting documents now?

Hi Rakesh,
There is no special or separate form for filing NPT extension. All the late filing will be considered a an NPT option.
Yes you can attach the correspondence documents showing the proof for filing a delayed extension online. You can provide as much as supporting documents.

Thank you Seenu for quick response.
Do we need reach any law firm to get any supporting documents for the delayed extension?
OR
will it be just supporting letter to USCIS from us?

I am in same situation and planning to file H4 extension with NPT.

May i know anyone got approval with NPT and how much time?

@Seenu @vamsi_yalla

Hi Guys - Thanks for sharing your experience. I’m in the same situation now. Just wondering if any of the H4 Visa holder also has an EAD permit? My I-94 is expired in Jun/2021 (because my passport expired)whereas my EAD card shows my expiration date to be End of 2022.(same as H1B visa expired date) This is the reason why we neglected filling extension for I-94. My Attorney told me stop working right now so they can file NPT for me and also green card together.

What support documents you have provided? @Seenu

Is there any other options if I can just still keep working since there are 240 days grace period? Any one experienced similar situation? If you there is any Nonimmigrants expertise/attorney you would recommend?

Bests,
Ameeta

You should file NPT H4 extension as suggested by your attorney.

You can get 240 day grace only if you filed the H4 extension before i94 expiry.

If you want attorney consultation, you can buy it here.

I agree with Anil. I have provided documents from doctor and a letter stating that my employer has missed filing extension on time. Also we had a baby during i-94 expiry so provided the birth certificate. We got the approval with backdated. Recently applied for H4 EAD standalone and got the approval for the same.

All the best for your case.