today received response
Dear Applicant:
This is in reference to your visa application.
Your waiver request is disapproved.
Sincerely,
NIV Unit
Consular Section
U.S. Consulate General
Hyderabad, India.
No other information was provided.
Ok… it looks like they have taken into account 240 days of unlawful presence.
Sorry to hear about this.
It is better to discuss this situation in one to one call as more information is needed to plan next steps.
Hi All and @anil_am22
Thank you for responding to all
I also have an issue could you please advice?
I am on h4 visa
And I am in serious situation
Please explain what are my chances on approval of h4 stamping
Here is the query
So my first visa which I entered to USA was from feb2022-may2024
I came in March 2022
We both have stamping till May 2024
Then my husband changed employer got approved I797
Which is from Jan 2023-Dec 2025
I went and came from India on 2023 April ( came back on previous existing stamping)
Showed all documents near port of entry of my new approved i797 which has validity till Dec 2025 but still my I-94 is may 2024 last stamped
I guess they might have not updated. Technically it should be 2025 when I did port of entry
My passport validity is 2026 May
As now again my husband changed employer he want to file both of them that’s how his employer (attorney) told am out of status since 9 months and need to exist before May 12 2025 and might subject to get travel ban for 3 years
Problem is they told to go to cbp and update … I went to cbp they told they can’t fix its been long time but told me to go to Mexico / Canada and come back to fix i94 … but I don’t have stamping should apply Mexico visa it will take time
attorney also suggested to go and come back with stamping on new approved i797 which they recently filed and (they also requested my extension of stay)
So I am waiting on it
Please let me know what are my chances of approval if I go stamping soon
I would suggest to go out and get the H4 visa stamping.
The opinion varies from person to person. I usually suggest people to not wait if they are near 180 day mark or have crossed 180 day out-of-status.
Chances of visa approval are good if you are still within 1 year of out-of-status.
Thank you for the suggestions . 
@kprokkie why do you need biometric if she already had a stamp? Is this some pre-Dropbox rule?
@keerthi_reddy6 what reasoning did you give in the not application and what law firm did you use?
Hi @anil_am22
If you refer to my previous post, I got an update today
My husband new employer (attorney) has filed for h1b extensions and h4 extensions and we got it approved h1b yesterday and mine today
The approval notice will be mailed to attorney soon.
-
Can I apply for h4 EAD now?
-
Do I have to still cross the border and update my i94 to current valid i797a due to my overstay issue or is it not needed because I got extension approval?
Thank you
You should be fine if H4 got approved. You can apply H4 EAD
@anil_am22 Thank you so much Anil for clarifying all the doubts 
God bless you!
@anil_am22
Sorry, I forgot to ask you about this
I have One more doubt.
In future, if I go to home country for h4 stamping.
Should I mention in DS160 form that my unlawful presence was from 9 months or it’s not needed?
I am assuming my unlawful presence is from i94 expiry date to the new h4 extension approval start date… but I did have valid i797a all the time. Just i94 got missed to update to previous i797a end date near the port of entry.
Could you please advice if my unlawful presence is 9 months only?
And how better can I represent it?
Thank you!
Yes, you should say yes to that question and explain.
Got it, thank you so much again
Hi @anil_am22 , does this 180 day rule applies to Kids on H4 under 18 years?, if so during DS160 filling should i select overstayed YES and provide reason?, and what are the possibilities getting approved in dropbox.
Rule applies to every individual.
Hi All,
I’m in the same situation. My wife’s is on H4 and her i94 expired. She has only a week left to acquire 180 days.
She is now pregnant and due anytime. What is best in my case. I am gonna talk to my attorney but any suggestions here with similar situation are helpful to take next best action.
Thanks in advance
Hello @anil_am22
My wife attended a visa interview again on April 2nd, 2025. The previous case, I mean the last interview date on April 25th, 2024, still shows admin processing, but LegalNet confirmed that the visa was refused, and we can apply for a new slot. So, with that communication reference, we booked another slot.
But just minutes before the new interview, the consulate updated their response on the previous case, stating that the waiver request was declined. If you want to reapply, you have to pay the fee again.
At the interview, VO asked 3 questions
- Which visa? - H4
- I saw that you overstayed. - Yes, after that, he went inside and came back.
- asked about my location.
VO: recommending a waiver on your behalf.
My wife: I have a waiver package with me. If you want, I can give you all the documents now.
VO: No need, and took her passport.
Final response from VO: It will take weeks to months.
So, what are the chances of approval?
In the waiver package, we included all the evidence. VO didn’t review, but took her passport.
Depends on the reason you gave for not filing the H4 extension on time.
It is difficult to suggest anything as you have not shared the real reason.
Hello @anil_am22
I already shared the reason. Here I am adding once again (first time visa exp on April 25th 2024)
As I already mentioned, we didn’t receive a response from the consulate after sending the waiver package. On Jan 29th, 2025, we received an email stating that the waiver had been disapproved. But no clarity on which waiver was disapproved. I mean VO already recommended it, and also, the attorney sent a waiver package. On January 30th, 2025, we received a physical worksheet stating that my wife is eligible to apply for the waiver. But no instructions were provided like where to submit and when to submit. So, we reached the consulate, but we received a standard response that our case is under admin processing.
We again reached out to Legalnet, and they sent a response that the visa was refused and if we wanted to apply the waiver my wife need to book another slot. So, we again reached out to the consulate to confirm again that our case is still being processed or closed. They said it’s still under admin processing.
So, we booked a new slot on April 2nd, 2025, with all those email conversations between Legalnet and our attorney. We were not sure because while one case is open, we can’t open another case right.
But just minutes before the new interview, the consulate updated their response on the previous case, stating that the waiver request was declined. If you want to reapply, you have to pay the fee again.
At the interview, VO asked 3 questions
- Which visa? - H4
- I saw that you overstayed. - Yes, after that, he went inside and came back.
- asked about my location
VO: recommending a waiver on your behalf.
My wife: I have a waiver package with me. If you want, I can give you all the documents now.
VO: No need, and took her passport.
Final response from VO: It will take weeks to months.
So, what are the chances of approval?
In the waiver package, we included all the evidence. VO didn’t review, but took her passport.
It seems the previous VO had strong doubts on your intentions and he probably thought that you are trying to commit immigration fraud.
The chances look 50-50 at this time since it has already been denied once.