Missed to file h4 extension and spent 180+ days in US after i94 expiry

Hi @ricky0708

If she leaves US, the NPT may be abandoned.

There are no extra documents required for your specific situation that i can think of, apart from regular H4 visa stamp checklist.


My wife left the US in January and attended for h4 extension visa Stamping yesterday at hyderabad consulate, and Consulate VO approved her visa. He asked only one question. Special thanks to @Anil.Gupta for sharing valuable suggestions and information on immigration issues.


Hi @ricky0708

Congratulations. I am glad i could help.

Thank you. I have a follow up question.
My wife h4 extn approved with my current employer, valid stamping till aug-2021 and like to stay at home for two more months. During this time, if I transfer my H1 to new employer before she come to US.
Does she has to go for stamping again. what are things i need to take care.

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Hi @ricky0708

The H4 visa stamp stays valid irrespective of the H1b employer.

She can use it to enter US by showing your newly approved H1B transfer i797.

surprisingly, My wife NPT request with H4 Extension, which I filed in US before going to India was not abandoned and Approved few days back and I received new i797 approved copy stating dates from 2/22/2019 to 8/22/2021. What does this means to me?

  1. Is my wife unlawful presence days back dated to previously expired i-94 date that is 2/22/2019?
  2. In future while applying for anything Does we have to still mention the those days as unlawful presence days ?
    can you give your pointers on this, how does this approval will help us
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Hi @ricky0708

If the NPT was approved with back date, then you are good. Her unlawful presence has been removed.

You do not need to declare it in future applications as long as previous i94 date has been matched.

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Hi @ricky0708, I have similar issue now. I missed to attend my kids bio-metric appointment as I did not receive any mail and they denied last week. What is NPT? and how I can apply that? Do I need to contact my employer? Can you please guide me?

Your case is different from my case. I think once the case denied, person will go out of status. I hope it is h4 extension, if i understood right. Contact your employer and a lawyer and take their consultation as soon as possible.

Thank you @ricky0708. Can you please let me know how we can file NPT? Just wanted to know.

Hi Ricky, my spouse is in similar situation. NPT H4 is in progress (applied a month before) and not sure whether she need to leave the country now!

Around the Mar 10, while you received NPT approval, your spouse is in India? With your overall experience, what you suggest?

If you explain whole scenario then I can suggest.

My H1B approved with backdated mar 2020 but received around mid of apr 2020 so went for Npt H1B and H4 - mid of May. Now I received Npt H1b approval Jul 2020 through premium but H4 will take time. Currently 3 months out of status for spouse so if I wait it will take more than 180days! So not sure if we want to wait or my spouse to leave the country.

Mostly NPT will get approve for h4, if you have strong reason to support your case. H4 Decision will take generally 3-4 months. This time might increase now due to covid scenario. but risk factor involved if you stay more. Even if you want to travel outside, it’s hard based on present situation.

It’s better go out of the country, once flights open. It will take more time to get stamped as you know consulates were closed in India. If she is not working then better to leave the country and stay there for few months until she get stamped.
You have below options

  1. Take risk few more months to get NPT decision.
  2. Go out of country once flights open and get it stamped in India and come back.

It’s all depend your decision.

Thanks Ricky for your suggestion

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Around the Mar 10, while you received NPT H4 approval for your spouse whether your Spouse already got visa stamped in India through your H1B petition? And also she was staying in India at that time? Wanted to know how to avoid abandoning NPT H4 petition!

My wife left the country while H4 NOT in process. H4 NPT was not abondoned in our case after left the country. She got stamped in India H4 before NPT approved.

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@ricky0708 Thanks Ricky. While She got H4 NPT approval she was in India right?

Yes, NPT approved while she is in india only

Thanks Ricky for your suggestion