H4 Extension after I94 Expiry

USA H4
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1

Hello All,

I need advice on an H1B and H4 visa renewal issue. My H1B renewal was due on February 10, 2020, and I filed it on time. However, I missed filing my wife’s H4 renewal until March 10, 2020, 20 days late. Her H4 was approved in October 2020 after a delay due to the pandemic. I was unaware of the rule requiring a return to the home country for visa stamping after 180 days.

Since then, all subsequent petitions have been timely and approved. We plan to travel to India and must mention the late filing in the DS-160 form. Our attorney advised that due to the pandemic delays and successful subsequent approvals, there should be no issues with visa stamping.

Has anyone experienced a similar situation? Any advice would be appreciated.

Thanks,
Vish

2

You should get H4 approval. I don’t see any issue.

3

Thanks for the quick response Anil.

Do you also believe that all subsequent petitions were approved there shouldn’t be any issue? She haven’t travelled outside US after that late petition so worried about delays.

Cheers!!