H4 Visa Extension and unlawful presence

H4 Visa
1

Hi @anil_am22 ,

I am in a difficult situation regarding my daughter’s H4 Extension.

I have approved H1B petition valid until Aug-2026. I filed H4 extension for my spouse and daughter in Dec-2024. FYI Their current I-94 got expired on 4/15/25.

My spouse travelled to India on 05/20/2025 while her H4 extension was pending, and my daughter is staying with me here in US.

My Spouse got her H4 visa stamping done in India recently on 6/6/25 based on my petition. Her Visa is valid until Aug-2026.

And yesterday I got approval on their pending H4 extension but USCIS officer gave the validity until 05/20/25 (Date on which my spouse exited US)

I am not worried about my spouse as she got her visa stamped and she can travel back to US; however Officer gave same validity date (05/20/25) to my daughter as well who is staying in US.

This makes my daughter out of status.

Please advise, what could be immediate course of action.

2

I suggest filing another H4 extension for your child and request NPT (i94 from back) by explaining why this has happened.

3

Thanks @anil_am22. Should I also start looking visa stamping date for her as it may take more than 6 months to get decision on this case from USCIS. If I do it, would there be complication during visa interview considering NPT is in progress? I don’t want to incur any unlawful presence for her that would create issue in getting her green card?

4

File H4 NPT application with USCIS to request i94 from back date. Or leave US and Get H4 visa stamp with entry ban waiver from US embassy

5

Thanks @anil_am22,
I need to make one call on this asap either file NPT and wait another 6 months or exit country now and come back with new visa stamp. Anil, Do you see any risk during visa interview and at port of entry being minor. Also she will have to go alone for visa interview being 15 year old?

6

Its complicated. I can’t write about every situation here.