H4 NPT request waiting for Biometric during COVID, risks of unlawful presence

Hi Anil,

I filed my spouse’s H4 extension on May 2019, having i94 expiry on June 2019.

I was also in a transition to new employer by that time, later by Jan 2020 i came to know that my spouse H4 extension is denied due to non appearance to biometric.

USCIS has really not sent any biometric to our address in fact they sent it to the wrong address(found lately). By then, i spoke to my attorney and refiled H4 again by march 2020 with NPT.

My attorney suggested us to wait untill June 2020 , if there is no progress then i would have to leave the country.
But nothing progressed yet and neither situation changed for safer travel.

My attorney was saying to me that, our 180 days count starts from denial date i.e Jan2020 but i see in few places(read related posts in your forum) says it actually starts from i94 expiry i.e June 2019.

Could you please clarify what’s my actual out of status and how bad are we now ?

Even if i wish to leave the country, i’m not seeing viable option to travel or is safer to travel ?

Does people really travelling back to India amid this crisis, if that’s the case then i have to seriously plan for sending my family back to india. What do you say?

But i have a strong feeling that USCIS might consider my case and approve it. Please provide me your advice on this matter which will mean a lot to me.


People are traveling to India.

It is your choice to keep staying in US or send your family back.

Chances are good for NPT approval but it all depends on your risk taking appetite.

The unlawful timer should start from ‘date of denial’ in Jan 2020.

Thanks a lot for your response