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

USA H4
67

Ok. Thanks for clarification.

68

Hi Ricky I am in a same situation has you…can you please provide you contact number to reach you.

69

I’m in the same situation, but we filed NPT already also, I got biometric on Sep but we couldn`t attend that because my passport is going to expiry and it was in the renewal process. We reschedule it and now waiting for Biometric appointment.

72

Hello Ricky,

I have same problem, shall I call you to discuss on this issue.

Thanks.

73

Hi Ricky, What are the questions asked at consulate ? And are there any questions at port of entry?

Thanks
Raj

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74

Hi @anil_am22

My i-94 expired as my passport was renewed and I am over the period of 180 days now.
My I-797 is still valid and my employer said they will have to file H1b extension with NPT.
I am really scared as to how it will go as I have to provide circumstances for not doing it on time.
But truthfully, it was my lack of knowledge as well as I just didn’t travel anywhere because of covid and keeping safe but I just realized it.
Any advice would be really helpful in this case.

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75

Filing with NPT is the right option. No need to worry if you maintained the H1B status and your i797 was valid.

You should be able to get the approval.

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76

@anil_am22 thanks alot! It’s a relief to hear this.
My i-797 is still valid till may 2022 it’s just I renewed my passport and i94 was changed ! Hoping for the best :blush:

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78

Hi pls help me with some ideas

I feel to discuss with other person views and thoughts . Recently I got NOID for my change of status from f2 to h4. I came to USA by the month of may2018 with f2 visa . Later my hubby got h1b approval by oct2018. His company attorney didn’t filled for me .As days passes I got my ITIN number , learners permit tax returns we don’t cake to know about my out of status .
Later by may2020 he lost his job and july2020 he got into a new company. They find out about my out of status . Attorney filled I539 with NPT on july2020
Last week I received a NOID . (NPT is submitted with my pregnancy doctor letter as I can’t travel to India , marriage certificate )
I dntknw what to do in this situation…
Please tell me answer for these questions below 1. What will be my success rate ?
2. Will I come under 10years ban ?
As I read f2 won’t be consider
3. What are my chances to come US if it gets decline ?

I have got two university admission too I m just deferring for my h4 visa :confused:
Thank you so much for helping me out . I m really very frustrated :frowning:

79

Hi,

We are in the same situation now.

I forgot/ missed to apply H4 VISA EXTENSION for my wife and autism kid 6yrs old. My wife is fully engaged in taking care of my kid. Due to this
covid-19 pandemic, vaccination, travel ban issue I totally forgot i-94 expiry date of my spouse and kid.

It’s been 120day as of today. My explorer is filling i-140 for me with h1b visa extension… ( H1b maxout 30-AUG-2021)

MY Spouse I140 EXPIRED on :- 9-APRIL-2021.

Is NPT helpful in my situation please guide me as you have crossed same issues.

Thanks & Regards
VETRIVEL. S

80

NPT is the only way to apply for the H4 extension of status for your wife & kid. If approved, the I-94 will be back dated to fill the gap from last expiry date.

Discuss with your immigration lawyer, they should be able to help you out.

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81

Thankyou for you response.

My question is.

  1. I need to file NTP along with my H1B extension
    ( after I 140) or I can apply for H4 NTP separately?

2.IS NPT available in premium?? , I heared like my wife and kid need to travel back to home country before 180 days.

  1. After NPT Is it possible to travel to home country without biometric , because appointment is getting lot of delay here in USA as our 180 days are nearing.

  2. If we cross 180days stay in USA… My wife and kid will be bar for 3yrs like that we heared please advise to handle the situation.

82

Your case needs urgent action so I suggest contacting a good immigration lawyer asap instead of wasting more time on public forums.

I would still try to answer your questions to the best of my knowledge.

You may immediately apply for NPT. If you are applying H1B extension in few days, you may apply along with H1B extension. Basically you need to apply asap without wasting more days of unlawful presence.

Premium is not available. Just follow the advice from your immigration lawyer re: leaving the US to avoid any ban.

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83

Hi,
I am exactly in the same situation as you were @ricky0708 . Let me explain my scenario -

  1. My wife H4 Visa expired on Jun 2020
  2. Her H4 visa got denied on Mar 31 2021 because of the exact same reason about bio-metrics where in we never received the notice.
  3. Attorney applied for I-290B and it got dismissed in Oct-2021.

Will my 180 days grace period start from Oct or it already started from March ?

If the grace period started from March then I am already out for above 180 days. If i apply for H4 from India would i get a stamp or it is confirmed that until 3 yrs my wife cannot enter ?

If we could apply for H4 and it could get approved. Then i don’t understand what does this 3 yrs or 10 yrs ban mean

Please advise.

84

My case is different, so check with attorney soon

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85

Hi Anil,
We are facing similar situation regarding H4 denial. Can you please let me know if you can suggest.
I moved from Employer A (old)to Employer B(new).H1 transfer went fine,H4 was in progress.Old employer filed my H1 and H4 extension after I left them. But my attorney told to attend the finger prints of both company A and Company B. My wife went to India and got her visa stamping done with Employer B (new) and came back to US. Her H4 with new employer was also approved simultaneously. But my H1b was pulled back by old employer so H4 with old employer was denied. As part of my extension we raised h1 and H4 extension with new employer. H1 was approved and they denied H4 extension with new company saying that h1 was revoked by employer( the H1b which they considered was my old company’s). We raised an MTR…our H4 was denied on June 30th 2021. MTR raised by mid July…and we did not get the response yet. But since we are nearing 180 days from date of denial. Any rough idea of how many days this MTR can take and is there anyway to expedite the process as this is an issue from USCIS

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86

I don’t completely understand your situation.

If you have valid US H4 visa, then why did H4 apply for extension after entering the USA? Or what is the exact date and sequence of events?

MTR will take its own time. I suggest to visit any land border (if H4 visa stamp in passport is still valid) and H4 has unexpired i94 and get a new i94.

87

Thanks for your quick reply Anil…
My wife’s H4 visa got over by Oct 2020(even the i94). We raised the H4 extension. It got denied and MTR was raised for the same. below are the sequences

November 2019 : New employer raised H1,H4 transfer.(H1B approved from Dec 2019 till 0ct 2020).
Dec 2019 : Left the old company and joined New company.
Dec 2019 End : After i left the old company, old company have raised H1+H4 extension.
Jan 2020 : My wife gave finger prints for old company not to leave it as void AND went to INDIA for vacation.
Feb 1st week 2020 : My wife went to india got VISA stampped using my new employer H1 B visa.
Feb end 2020 : H4 transfer with new company was also approved.(till Oct 2020)
April 2020 : It looks like my old company withdrew H1b.
June end 2020 : Wife came to US.
July 1 2020 : H4 extension filed by old company was denied. So we ignored it.
August 2020 : My i140 was approved with new employer and raised H1 and H4 extension with new employer.
(H1 got approved from Oct 2020 to Oct 2023)
July 1 2021 : H4 extension with new employer got denied.(as USCIS wrongly looked into my H1 which was revoked by my old employer.)
July 20 2021 : MTR application was sent to USCIS and got the receipt.

Since it is a clerical issue from USCIS is there any way we can expedite the MTR process?
Since her H4 got rejected will she face a problem while stamping if at all she goes to india.?

88

I do not see any issue as long as the reason given by USCIS for H4 denial is simply based on the wrong H1B application.

89

Hello, these are the series of events that happened for me

  1. H1 Approved in Jul’19 and got i797 until Jul’23. i94 date on i797 also showed valid until Jul’23
  2. Travelled to india in Dec’19 and got i94 admit until date only upto Feb’21 by CBP officer on my online i94. This was because my passport was expiring in Feb’21.
  3. No travel since then, passport was renewed earlier this year
  4. Noticed only a week ago (280 days after i94 expiry ie after Feb’21), that i am out of status.

Lawyer is following below steps:

  1. contacted CBP and they said they cant correct it since they gave validity correctly according to my passport expiration
  2. they are preparing to apply my H1B extension with NPT along with premium processing

My questions:

  1. what are the chances of H1B Approval
  2. if H1B is approved and i94 is denied, how many days do i have to go back to my country
  3. if H1B is approved and i94 is not backdated, what should be the plan of action
  4. what are the chances of H1B getting approved along with i94 getting backdated