Hi Satish, I have raised a service request to correct the I94 validity date on the approval notice, it’s been more than a month now but no response from USICS. How long did they take in your case?
Hello Anil
H4 Unlawful presence: more than 188 days
Due to lack to immigration knowledge, H4 extension was not filed. H1B extension was approved though.
My wife initial H4 stamp issued until Sep 30, 2023. On June 2nd 2023 while applying my H1b extension I asked my employer. He said that they will take care at that time. On Sep 18th 2023, we got to know that she was pregnent and due to some complications she had missed abortion. We were in depression at that time.
On march 27th 2024 we realised that H4 extension didn’t filed. I immediately approached my company’s attorney they suggested to go back to India for stamping.
On April 25th, 2024 she attended in person interview at Hyd location and VO mentioned about the overstay and returned the passport by stating 212(a)(9)(b)(i) not recommending at this time.
While checking the status I can see the below message means is it rejected or admin processing?
A U.S. consular officer has adjudicated and refused your visa application. Please follow any instructions provided by the consular officer. If you were informed by the consular officer that your case was refused for administrative processing, your case will remain refused while undergoing such processing. You will receive another adjudication once such processing is complete. Please be advised that the processing time varies and that you will be contacted if additional information is needed. For more information, please visit TRAVEL.STATE.GOV or the website for the Embassy or Consulate at which you made your visa application.
For more information, please visit U.S. Consulate General Hyderabad.
Hi keerthi
I am in the situation as yours can you please respond to me or if you can just email me sai.kalluri111@gmail.com we recently had a new born baby and i really need your help thanks once again and sorry for disturbance
Hi @ricky0708
I have similar situation. My wife’s h4 got expired on Mar 21, 2013 and we haven’t files her H4 extension and she left the country for stamping and they gave 221g asking for her dependent I-797, but we don’t have it as we did not file her extension. She said on "unlawful status for almost 10 months. Please suggest what needs to be done and what did they ask for you wife when she attended the interview. Please suggest as I’m not able to figure out this solution?
Hello @sunil6
any update?
Let them complete the 221g admin process. Normally, the visa officer sends a request for waiver for your entry to the US within their department.
This takes some time.
No need to worry.
You should get the visa by grace of god.
@anil_am22 @ricky0708
Hi all, we learnt that we were not maintaining my spouse’s H4 status when we are applying for H4 EAD after my I-140 approval. Her I-94 is already expired on Feb 29, 2024. She just have 2 weeks to hit 180 days after I-94 expiry. What would be the best course of action right now ? Should she go back to India right away to get the H4 stamping? In this case will her H4 EAD will be affected due to staying over 160 days after I-94 expiry ? Please advise in this matter, thanks in advance
My suggestion is to leave the US and apply H4 visa stamp with the US embassy.
Once she is back in the US, and the H4 EAD is still pending at that time, I suggest sending the new H4 i94 to the USCIS to prove H4 status.
Details:
@anil_am22 thanks for the suggestion. Can she leave USA while her H4 EAD is in process? Also is it Ok to proceed with dropbox since we do not have an opportunity to explain the “out of status” situation ?
If you are eligible for dropbox, you can’t appear for interview as their system will not allow you to select interview appointment.
If they need more information, then, the visa officer might call you for an interview.
Hi @Gosugi , do you have an update on your situation?
Hi, how long did it take to get approved?
Hello Anil,
Hope you are doing well.
Last year on April 25th, 2024 my wife attended h4 visa at Hyderabad. She overstayed for 188 days due to some medical reasons. At the time of the interview, VO didn’t confirm the ban and also mentioned that no need to apply again. They will inform us once they have any updates. Till now I haven’t received any update it’s under admin processing. Also, my attorney from Murthy Law Firm submitted G28 and a waiver package to the consulate on December 03, 2024. No updates not even acknowledged the email. Not sure what’s happening. It has been 257 calendar days (172 working days) since the interview, and we are unsure of the current status or the next steps in this process.
These are the interview questions
Applicant: Good morning, Officer. How are you?
Officer: Good morning. Which visa are you applying for?
Applicant: I am applying for an H4 visa.
Officer: Where are you currently residing in US?
Applicant: I live in Texas.
Officer: I see that you’ve overstayed your visa for more than six months. Could you explain why?
Applicant: My overstay was unintentional, Officer. I mistakenly assumed that my H4 visa would be automatically extended along with my husband’s H1B extension. I sincerely apologize for this misunderstanding and assure you it will not happen again.
Officer: That’s not a minor mistake. “I didn’t know” is not an acceptable excuse. When did your husband go to the U.S.?
Applicant: He went after our marriage. (Pauses, thinking)
Officer (interrupts during the pause): How can I know when your marriage was?
Applicant (quickly): He travelled to the U.S. on January 19th.
Officer: Can I see your husband’s visa?
Applicant: (Hands over the visa copy)
Officer: This has already expired. How can I be sure your husband is currently in the U.S.?
Applicant: (Submits the I-797 form) I also have his pay stubs if you need them.
Officer: I don’t need those.
Officer: (Opens the passport and points to the visa stamp) What is the expiration date of your visa?
Applicant: September 30.
Officer: How could you assume that your visa would be extended just because your husband’s H1B was extended? You overstayed by more than 240 days.
Applicant: It was unintentional, Officer. I wasn’t in a good state of mind. I had a miscarriage during that time, and it deeply affected me emotionally. Both my husband and I were going through a difficult time.
Officer: So, you’re saying you want to have children and obtain citizenship through that?
Applicant: No, Officer. That was never my intention. I was pregnant before my visa expired, and the pregnancy had complications from the start.
Officer: (Interrupts) when were you pregnant?
Applicant: Between the last week of August and the first week of September.
Officer: I can’t approve your visa at this moment. Do you have any questions for me?
Applicant: Should I reapply?
Officer: No, there’s no need to reapply. You can wait for further updates. (Returns the passport)
Applicant: Thank you. (Leaves)
What is Murthy’s opinion about this situation?
What have they suggested?
Also, VO said you were out of status for more than 240 days whereas you are saying 188 days.
He misunderstood that and didn’t give a chance or count the days. From October 1st, 2023 to April 6th, 2024 (the day she left the US)even travel history can show that. Date of interview April 25th, 2024.
The attorney submitted a G28 and waiver application on December 3rd, 2024, but hasn’t received any response till now. Also, she suggested another interview at the same consulate while this one is pending. We asked the attorney what if we again ended up with admin processing and what your strategy she said let’s see give it a try.
No ban was confirmed, and No documents were asked but VO clearly said that no need to apply they would get back to us once they had any update for us.
You can file a ‘Writ of Mandamus’ and ask US embassy to complete admin processing in 60 days.
Details:
File writ of mandamus order to get decision within 60 days for pending H1B, B1/B2, L visa from US embassy. Court order for USCIS, DOS if application delayed outside normal time.
Yes, it will be counted as gap and overstay.
Thank you @anil_am22. I just received an update from the attorney that the officer has submitted a waiver request for the ineligibility.
The waiver request is still under process and these requests generally take time, as it is a lengthy process.
The attorney received an update on January 10th, 2025 but not sure when the officer has submitted a waiver request for the ineligibility.
1 Like
Hi Rickey , i’m in the same situation right now,
i overstayed in usa more than 180 days and came for h4 renewal stamping to india. My husband visa got approved as he has extended h1b i797 document, but unfortunatly they refused my visa stating that illegally present in the United States for more than 180 days, but less than one year. But in the interview the consular gave me a temporary waiver of ineligibility on my behalf and he said that The Consulate will contact me within 6 months.
Can you please suggest me what to do… it happened to me on november 18th till now no response from consulate… please help me,i’m in a big trouble… Can u pleaseee tell me how to contact you to know more details to overcome this issue…
Can you please suggest me what to do 
@ricky0708 @anil_am22