I-94 expired and forgot to apply H4 extension

Hi Anil,

My husband has applied for H1 B extension 3 days before his i-94 expiry date (i-94 expiry date is 16th Sep 2019) and waiting for receipt number and my i-94 going to be expired on Wednesday Sep 30th.

Attorney said without H1 b receipt number we can not file H4 extension.

Actually my husband is not aware of that we need to file H4 extension along with his extension. What are the alternate options now? What is NPT?

Can i apply for H4 extension after receiving receipt ?

One of my friend said you have to depart USA and come back with stamping after H1 B approval.

Can i stay at least one month here, I have two kids going to school.

10 days back my husband’s H1 B got denied due to SOW was not given by implementation partner.

In RFE they asked client letter and SOW/MSA but client has given client letter without end date so extension got denied and clearly said SOW/MSA is needed if they are multiple vendors are involved in it.

he has re-applied H1 B extension with same documents before i-94 expiry date and his implementation partner has given redacted MSA after applying extension. we can’t send the MSA to USCIS directly without RFE or until upgrade it to PP.

Is there any possibility to get RFE or Are they upfront deny the petition without RFE?

petition has sent to different service center?

Please help.

Hi @hema

Are you sure H4 i94 has expired already? You have mentioned that H4 i94 expiry is Sep 30. You have made contradictory statement.

I do not suggest to rely on NPT (Nunc Pro Tunc) option. It is for exceptional cases and your case is not one of those.

If you cannot file H4 extention before i94 expiry, then i suggest to leave US as soon as possible. 10-15 days is okay.

You will need to get H4 visa stamp in passport once H1B is approved and then come back to US. If the same situation applies to your H4 kids, then they should also leave US.

Hi Anil,
My and kid’s I 94 going to be expired on sep 30 I need to apply for h4 extension before sep 30 but my husband has not received his h1 b extension receipt number. If we don’t receive receipt number on time we can’t apply for h4 extension. Can I apply for h4 extension after two for three days of my i 94 expiry date.
What NPT how does work out?

Pls let me know.

Hi @hema

You should have applied H4 extension with H1B. But, since you missed it, there is no other option now.

NPT is for a situation where you could not file an extension due to circumstances beyond your control. You will need attorney help to file good paperwork to use this option. There is no guarantee that it will be approved.

Hi @anil_am22 ,
My son is 7Yrs old, we missed to apply his H4 extension and we realized only after his I-94 is expired(12-Sep-20).
we applied for his H4 extension on (10-oct-20), we received the receipt notice but we haven’t got any document for biometric scanning, we are planing to travel to india. please advice if it is good to travel to india and get the H4 visa stamping or wait till the H4 extension is approved.
also i am eligible for h1 visa dropbox , i am not sure if my kid case is also eligible for dropbox.