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

In November 2017 we applied for my H1 B extension and applied for I 539 for my daughter H4 extension we got the EAC number(My Daughter is 2007 born so 13 years now).

After 6 months, we moved from that place and did not get an approval notice to our hand.

My H1 got approved after 6 months and got till Jan 2020.

Later in November 2019 , we applied for Amendment with that amendment , I got H1 till Sep 2020.

At the time of Amendment we did not file the 539 again. H4 EAC number is still showing Case Recieved, but when you consult USCIS, they said its approved.

We did not get approval notice yet , but we guess it should be Jan 2020. Now its been 9 months passed since our Daughter H4 is expired.

What are the Options for us now. Is any body faced this situation. I think we neglected by not contacting USCIS well before. Pls let us know what are the ways we can pursue.

Thanks.

Hi,

I am also having same situation for my Wife. She is out of status now with few months as with COVID we were not able to depart USA earlier. It would be good to attend Interview in India and explain situation if something come up from officer ? Also regards to Unlawful presence should we answer YES in DS 160 ?

Appreciate if you can provide me right direction.

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Hi @Jay_Km

You should answer ā€˜yesā€™ is you overstayed after i94 expiry without a pending extension application.

Hello

My wife H4 extension filed on 3/13/2020 as I797 expiry was 01 Aug 2020. We did not see that at port of entry CBP put the expiry as 02/23/2020 as per passport expiring on that.
We did not check that date and filed in march the extension, now the I539 is pending, done with finger prints. Now what is her status, can we do anything at this point.
Please help!!

@anil_am22 - can you please help

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This is regarding my wife H4 Extension , we have not received any receipt for her H4 extension yet. It was filed with my H1 Extension as per my company immigration team.

They have sent my H1 extension and H4 extension in same mail package and it showed it was deliver on Apr 7 2020.

My H1 got approved recently after 6 months. But I havenā€™t received even the notice for H4.

Because of corona and even I heard from some people they are working on H4 cases after approving H1 application we just waited.

But when I called USCIS now they are saying they are not able to locate my wife I539 application form for extension.

I called them twice and its the same answer. They have asked me to email the lockbox, which I did but an automated response from lockbox stated it may take 30 days, and even the uscis agent told the same.

Now itā€™s not clear should I sent my wife out of US for now or proceed with NPT filing.

My company has shown proof of filing her H4 ext docs and check# issued for her. The check that sent for me got debited and her ext and biometrics check is still not been cashed.

I am not able to understand who is at fault here and what my next steps should be.

I would really appreciate a quick help and guidance here as this is critical for my wifeā€™s status here. Really appreciate the help.

@anil_am22 @ricky0708 please advise

Hi @aamer_ahmed

You have waited too long to enquire about the receipt number.

You should file another H4 extension quickly and with NPT option if H4 i94 has already expired.

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Thanks @anil_am22 I have spoken to couple of attorney including Murthy law firm they are saying they would need 4/5 weeks to even start working on the case. Is there a possibility we can file it self ?? Just looking for an options here .

@ricky0708 if you donā€™t mind can you answer did your spouse filed a waiver for 3yr ban when she went for stamping in India after 180 days

You can file everything yourself. USCIS does not force you to use an attorney.

Hi Anil,

I need you valuable suggestion on H4 extension.

We traveled back to USA recently and visa stamped until 31-Dec-2020 only as per my old I797.

before go to india applied H1 extension alone (not applied H4 extension for dependents ) and its got approved until 31-Dec-2021 one day before travel.

So we traveled with old I797 only and showed old I797 along with new receipt number at POE.

Officer checked with receipt number in their system and as per latest 797A given I94 until 31-Dec-2021 for me and dependents also and said not required to apply extension.

So for dependents visa stamped until 31-Dec-2020 and I 94 valid next year end. do i need to apply H4 extension for dependents or not required? (they donā€™t have valid 797 after 31-dec 2020)

As long as you have a valid i94 while you are in the US, you donā€™t need to apply H4 extension.

But, do apply it around 6 months before current i94 expiry.

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Hi, Anil My h4 expired on Decmeber 2019. So my husband got h1 extension. n I went back to India in march 8 2020. recently I get my visa stamped till Dec 2022 Thorugh Dropbox. I came back to US on DECā€™27 2020.Yesteday I got Letter from USCIS your I395 denied on 24 Dec 2020.because you failed to appear for biometric appointment in janā€™2020 which I didnā€™t receive any mail or letter in the past. what are step should i take for next procedure.??

Hi Experts,

I have an issue where i am currently working for Employer A and i have my H1b Approved till Jan 2023 and i applied for H1b Transfer with Employer B and i have got my H1B Approved till May 2023. H4 for Employer B has got approved but H4 with current Employer got Denied. I am yet to receive the denial notice and the reason for the same.
NOTE: H4 Biometric request for both the employers came together as one and one consolidated biometric was given on the same day.

I am planning to stay with my current Employer A. What are my options now? Can i use the Employer Bā€™s H4 to stay in the US legally?
My Current Employers H4 I94 expired on March 28 2020.

Please advice and help

Thanks

Hello Anil,

I have changed new employer and they forgot to apply h4 ā€¦itā€™s more than 365 days ā€¦

Could you suggest me what are the best options we have right now to get out of this situationsā€¦

This is one of the pain full situation I never had ā€¦

Does your wife took any INA 212 (d)(3)(A) waiver to visa interview ? Pls confirm I have similar case for my spouse

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No, we dont have that, we just applied for h4 npt and went india for stamping

Does your wife has any issues at POE ? For more than 6 months unlawful presence ? Or it went fine ?

She had 9 months ULP. After stamping, she came to US and did not face any issues at POE.

Hi Pradeep,

Does your wife had any issues at POE after visa stamping in india, while coming back to us?

Thanks,
Kavitha

Hi Kavitha

She didnā€™t face any sort of issues at POE, they simply asked for mine I-797 from my spouse & thatā€™s it nothing else.

Hi All

Quick Update: My spouse came back no issue in Visa Stamping and POE as well. She got biometric appointment letter (in Nov) for H4 NPT filed earlier after she arrived back to US (in Oct). H4 NPT approved (in Dec) and backdated as well.

Thanks to all.