H4 extension approved, but NPT is denied as i797 is not backdated

USA H4
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1

Hi Anil,

I entered US in June 2022. During the time of my arrival my visa was valid till september 2022. Later, we missed to apply for my H4 extension, which we realized very late i.e. in December 2024. Then, we filed an NPT request along with H4 visa extension.

My visa is approved from Jan 2025 till December 2027. But, my NPT is denied as my i797 is not backdated. One of the attroneys says, it would not be a problem as my visa extension is approved. The other attorney says there is a risk on leaving US as the gap is still there on the paper. I’m really confused.

Now, here are my queries:

  1. Should I declare gap in Ds-160? And Will it create a problem in my visa stamping?
  2. Can 10 year ban still be imposed on me up on leaving the US?
  3. Even after I get my visa stamped, will there be a problem in the port of entry?

Thanks in advance.

2

What was approved in Jan 2025?
Is it H4 i797? Is a new H4 i94 attached to it?

If yes, then, i think you are fine. I don’t think the ban will be given.

Yes, you will have to declare the gap period on DS160 everytime you fill it.

3

H4 approved with new i94 attached in the i797. But with the dates from Jan 2025. H4 EAD is also approved for the first time.
Our attorney (murthy law firm) says if H4 extension is approved then by default NPT is also considered as approved but the USCIS doesnt backdate it sometimes. He also advised not to mention any gap on DS 160.

4

Hi Princy I am in a similar situation and I have filed NPT . When did you apply and how long did it take USCIS to approve your extension?

5

Hello pavithra,
I filed NPT in January through premimum processing along with my husband’s H1 extension.
It was approved in not more than 3 weeks.

6

Thanks for your quick response. I did the same too and hope to get a quick resolution . It would be of great help if you can keep this thread updated on any other information/clarification on your questions. Thanks.

7

Sure, I will😀
Btw, for what period did you apply your NPT?

8

My passport expired in May 2024 so my I 94 had expired which I did not realize until Feb end so I am 10 months past my i-94 expiry but my h4 is valid until Oct 2025. Filed NPT yo back date from May 2024

Also what was your filing date ? Was it before Jan 18th?

9

Yes, I filed it before jan 18th

1 Like
10

Hi anil,
Could you please respond on this!

11

I already did respond above: