@Seenu I am in same boat. Did attorney provided or employer provided letter stating missed filling extension on time? In how many weeks/months you got approval with backdated application? I believe, you did H4 extension with NPT. Right?
I have only prepared a letter to USCIS officer and stated all the reason along with supporting documents and filed online. I got approval in 8 months. I have submitted my documents on Nov and raised expedite request on Feb and it was denied. Then got the biometrics on April and case was approved on August.
Dates:
I-94 expired on September 5th 2020.
- NPT option filed on November 6th 2020
- Expedite request raised on Feb 17th 2021
- Expedite request denied on March 2021
- Biometrics scheduled on April 14th 2021
- Case approved on August 10th 2021
I-94 backdated and approved with dates September 5th 2020 to March 24 2024.
Hope it helps.
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this is great details. While all these happened between sep 2020 to aug 2021, did H4 applicant left USA or stayed in USA? What I am trying to get to, I am planning for same thing but i have been told H4 applicant needs to leave US before 180 days from i94 expiry date. So trying to understand what you did and what is your suggestion, as I am in same boat.
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No my wife was staying here in US as we had a 1 year old we didnât take a chance to travel as appointment dates were not available in India. We did take a risk but we were hoping for positive results and luckily we got the approval. So no issues and as @anil_am22 and others suggested H4 is dependent visa and as we maintain valid H1 status there shouldnât be a problem.
PS: Again this is my personal opinion as am not a immigration attorney.
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Is it possible for you to share your attorney contact information?
Hello
I am on h1b got married last year. my wife h4 was stamped visa was vaild till 02/22/2022. my companhy filed my extension 11/26/2021 , at that time i was not aware we had to file I-539 form i came to know 2 days back, and we have corss 180 days .
We where thinking to send my wife to india for stamping purpose ?
any suggestion
Can any one suggest which is good option
Hi Nimesh,
I had been in same situation but i was under 180 days window and got her stamped in india and filed NPI petition before that to support our case. However, in your case, i would suggest consult attorney asap without wasting much time. I spent hours and got various answers, but my advise, dont waste your time finding attorney and go to Murthy phone consultant (Charge you 150 or 200) and get advice. (Not a advocate of murthy, but i paid 4 attorneys and none of them gave me concrete satisfactory answer except murthy)
As long as i know, beyond 180 days, your wife will face ban, not to scare you but get murthy on call asap and plan all caveat. Suggest draft all ifs and buts questions before you go on a call. Have your dates handy in terms of visa exp, i94 exp yours and your wife)
All the best.
My wife has cross 180 days
Murty is suggeting for NPT to file , any idea if we can expedite NPT
Npt cant be expedited. Ask murthy for alternate after npt.
has one one faced station where he H4 hyas stayed more then 180 days, and dont have kinds and doctor letter , all we have is one email from company which we got yesterday that they didnât file H4 extension ( after 180 day we got email from company ), Problem is i was not aware that we have to file I-539 and nor my wife was aware
Hi Nimesh,
I am in the same boat my i-94 has expired crossed one year that was Unintentional and looking for good attorney. Please share your experience. I am in india.
Thank you.
Hi All,
I am new to this portal. I am having one query regarding H4 extension after I94 expiry.
My Spouse came to USA 3 sept 2021. Her I94 expired in 08/2022 due to passport expiry. We renewed the passport. but we have not checked the I94 date. now we have checked it and its almost 7 months overstayed. But she is having Valid H4 visa till 08/2023. Could you please suggest, what option we are having now?
If you have read this thread from the top (start), then you will know your options. I suggest to go through it if have not done so.
Hi Anil,
I have gone through this thread, Based on that i can see two option.
- File H4 extension with NPT option.
- Re enter USA to get new I94 .
My Attorney has started working on filling H4 extension. Bit my question is , It will take another 4-5 months to know the H4 result. By that time it will be close to 1 year. If that time H4 is approved then we are good. otherwise it will trigger 10 year Ban ?
If i try to re enter now then at least period of out of status will stopped to 7 months only.
Please advice?
Hi Kalyani,
I am on same boat . my wife I94 also expired 7 months ago. Did you find any way to fix it?
I am on same boat . my wife I94 also expired 7 months ago. Did you find any way to fix it?
All,
Thank you all for your responses! We have scenario where my wife admission till date on i 94 is matched with previous passport expiration date and we did not realize that so far.Now it is almost 165 days since the I 94 is expiry date. Do we have to apply for NPT and leave the country to get stamped (is dropbox possible or we have to choose interview) or leave the country and get stamped is enough? To remove the unlawful presence what are we supposed to do later? Can we submit NPT later after coming back from india? Please advise. We are planning to leave the country in 2 days.
Apply for npt but best option is leave country and get stampedand come back. You already on unlawful presence so be honest to consulate in your ds16p with your situation and if you are eligible for dropbox, do dropbox and get visa. You will get visa dont worry just be honest and tell the truth.
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Thank you piyush for reply! H4 visa expiration is well in to July next year. But the I94 is limited based on previous pasport expiration date which is feb 2024.and by the time we realize that she is well in to third trimester. We are leaving the country to get it stamped again. Do we need to apply for NPT after we come back to remove that unlawful presence or the visa stamp will take care everything automatically? Since it is close to 170 ish days, any ban that we need to worry about?
You do not need to apply for NPT after coming back to the US.
When you enter the US using a visa stamp in your passport and if they allow you to enter, then the past violations are waived automatically.
An important point to note is that the US embassy might need a waiver issued for this situation. They will get this waiver issued automatically before they stamp the visa.
Detailed info: