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

USA H4
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Hi Anil -
Greetings!!
My employer Missed to file h4 extension and dependents spent 180+ days in US after i94 expiry, contacted multiple attorneys and they advised to leave the country and get the H4 Stamped in India. Now they are getting ready for Visa Interview in India and need your piece of Advice on how to face Visa Interview on this topic and how to come out of this clean?
Thanks.

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I replied on another post of yours.

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Hello Ricky,

We forgot to apply h4 extension for my wife (i94 expired on june-17-2021(she is still in usa) accrued unlawful presence of 8 months due to lack of immigration knowledge myself and my employer filed only my H1B extension and did not give information about it. H1 valid till (march -11 -2022) I 140 approved and H1 extension(premium) filed along with H4NPT crossed more than 180+days in us only. Just came to know about this few days back

What is the best way to reinstate the status for my wife.

  1. Does she has to go to home country and go for stamping by explaining the circumstances about missed to file
    2.what is the best answer I need to give vo. If he raised regarding unlawful stay question.
  2. Applied H4 NPT today works to reinstate the status back, but I heard that this request processing take at-least 3 months what I need to do now.
  3. What are the chances to get approval regarding NPT application.
  4. What is next step I need to take.

Can you suggest to get out of this situation.

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Hi Anil…
We forgot to apply h4 extension for my wife (i94 expired on june-17-2021(she is still in usa) accrued unlawful presence of 8 months due to lack of immigration knowledge myself and my employer filed only my H1B extension and did not give information about it. H1 valid till (march -11 -2022) I 140 approved and H1 extension(premium) filed along with H4NPT she crossed more than 180+days in us only. Just came to know about this few days back

What is the best way to reinstate the status for my wife.

  1. Does she has to go to home country and go for stamping by explaining the circumstances about missed to file
  2. what is the best answer I need to give vo. If he raised regarding unlawful stay question.
  3. Applied H4 NPT today works to reinstate the status back, but I heard that this request processing take at-least 3 months what I need to do now.
  4. What are the chances to get approval regarding NPT application.
  5. What is next step I need to take.

Can you suggest to get out of this situation.

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If you have already applied for NPT, then most probably you have already spoken to an attorney and they have guided you to file it.

The chances for NPT approval are usually good if the primary H1B has maintained its status. But since you have already crossed 180 days, I suspect that USCIS might deny it.

As per my opinion, getting a visa stamp at the US embassy would have been a better option. But, an attorney knows better as they have access to more information about your case and they can guide you in a much better way.

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97

As per my attorney suggestion is wait couple of months may be will get update. If not before 365 days I need to leave usa and go to embassy in india.so my issue is as I have asked is there any issue for stamping in india or what I have to mention in Ds 160. If I face unlawful presence question from VO what should I do.my husband i140 approved.my NPT application send along with his H1 extension.Any chances to get approval or when I should leave usa for stamping in india
1.i94 expired June 17 2021
2.H4 Npt case received Feb 14 2022
Along with H1 extension.
3.It’s already 180+days with i94 expired.

So please suggest me something for that…

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Hi Anil…

Will explain exact scenario may be I can get best advise from you

  1. I came to usa on March 22-2021 at that time I have i92 valid June 17 2021 with employer 1 and my husband too have 2 months validation.

2.He applied for extension with employer 2 and he got extension for 8 months(which he stayed in india(8months)on covid time).Time period :June 18-2021 to March 11-2022.at that time employer forgot to apply my h4 extension.

3.he got i140 in Feb 10-2022 at time we found I don’t file extension for H4. My attorney takes immediate action filed H4 NPT along with I140 extension(premium).Received packet uscis on 14Feb 2022.waiting for update.

So I have a doubt regarding this

1.if I went to india which i797 I need to show. the first one which is June 18-2021 to March-11-2022( which will expire in 20 days)

2 If I show i140 extension(which will get update with in 10 days).what will happen and they will give unlawful stay back for first extension.

  1. How can I answer for this question to VO might be I will have drop box now.

  2. What documents I need to submit in Dropbox for my scenarios.

Please reply back me…

Thanks,
Keerthi

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@ricky0708 @anil_am22
I am in a similar situation. Please help me with your valuable suggestion.

H4 I94 expired on: 12/31/2020
H4 Unlawful presence: 11 months (more than 180 days)
Due to lack to immigration knowledge, H4 extension was not filed. H1B extension was approved though.
We got to know after 11 months that we need to file h4 extension separately, & after talking to Murthy’s law firm & my attorney I sent my wife back to India and later I came to India.

We both went together for dropbox on 27th January, 2022 at Hyd. H1b visa was issued in a week, however after 40days H4 visa tracking shows ‘refused’. Its been in refused state since a week. No email received yet, passport is still with Hyd consulate.
We filed for NPT while she was in US & received RFE asking for ‘extraordinary circumstance’ for missing to file h4 extension.

Few questions:

  1. Any idea how long this type of processing can take?
  2. Do you think, the Hyd consulate for stamping visa is waiting for RFE response? (we didn’t mention in DS160 that we filed for NPT)
  3. Does ‘Refuse’ means she got a 3 year bar or visa is rejected?
  4. If they ask her to come for an interview, will they give her a interview date or do we have to pay fees and book ourselves?

Appreciate your valuable response.

Thank you.

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Until you receive the passport back without stamping or 221g, you should wait without worrying much.

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Do you got any update?

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They rejected the visa as overstay was beyond 180 days. They asked to submit a waiver and gave back the passport

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Hi everyone just want to update my I539 with NPT was approved yesterday …

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Hi Khan
I am also in the same situation. Because of USCIS error my wife’s H4 got denied and raised MTR but overstayed 180 days+ and travelled to INDIA.She is having drop box next month in INDIA
Can you please let us know what is the wavier you are mentioning?
And was she able to return to US?

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They approved the visa with waiver (in simple terms they excused the mistake but unlawful days are on the record and every time she goes for stamping, she has to expect longer visa processing times.

Yes, she was able to return to US

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Hello ,

I missed to submit my Spouse H4 extension before the Visa expiry date .As soon as I learned that I was not maintaining the H4 status for my spouse , i took immediate action and filed I539 with NPT . We are still with in 180 days .

As a Plan B , we re planning to travel to India before we touch 180 days . I would appreciate if someone can help me to clarify below questions

  1. 180 Days count starts from the day of H4 visa expiry or I94 Expiry date ?
  2. I have submitted DS160 and mentioned the truth for unlawful presence in DS160 . Do I need to schedule for an direct interview or Dropbox is fine ? ( System allowed me for drop box )
  3. Once H4 visa is stamped , will these unlawful days stayed in the US will be in the tracked in the H4’s records ? or there is nothing to worry about it
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I-94.

Go with what system allows based on the answers you provide.

Visa approval or extension of status approval means the unlawful stay was pardoned and no need to worry.

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110

Thanks So much for your reply Kalpesh

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Hi Satish - I’m in a similar situation; USCIS printed wrong validity dates on the H4 I-94. Did you get the I-94 dates corrected on the H4 I-797?. Appreciate your response.

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Hi there, I raised the ticket with USCIS asking about the correction. They have sent me the updated I-797 with the correct date.

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Thanks, Sathish!. Appreciate you taking time and respond