My H4 dependent's case (Out of status)

  • Dependent’s H4 visa (Spouse & minor Child) was stamped in India and they moved to the US in July 2018, Visa valid till April 2020 (Company A)
  • Transferred H1B to Company B in July 2019
  • All documents (me and dependents) were shared with Company B during H1B transfer

Feb 2022 - Applied for renewal of Child’s Passport via the Indian consulate & required H4 approval copy to be shared as part of the documentation. I approached Company B & understand they never filed for H4 visa for my dependents

Being new to the process didn’t know separate H4 approvals are required.

Questions:

  1. What should be the current action plan:

  2. Staying in the US, can they now apply for H4 based on my current H1B (valid till July 2022)?

  3. Should H4 dependent travel to India immediately?

  4. If yes, H4 visa stamping should be based on current H1B (07/15/2019 to 07/14/2022) OR new H1B approval (in process July 2022-24)?

  5. If asked, what reasons should H4 dependent (Spouse, Child) give for this lapse?

  6. Based on past records what are the outcome & chances?

  7. What should be the approach NPT - VISA stamping in India - 212 filing post visa stamping in India?

Your H4 dependents are out of status starting April 2020 so they have already accrued 22 months of unlawful presence in the US. I would suggest they leave the country immediately and go for visa stamping.

They will need to apply using NPT however because it is 22 months of unlawful presence already, I would suggest not to and go for visa stamping instead.
You may consult a immigration lawyer to find out your options.

Yes, this is my personal opinion.

Carry copy of current and new H1B petitions along with other H4 stamping documents.

Just state the facts.

It just depends on the CO. Generally speaking H4 dependents do not face much issues however it has been a very long time of unlawful presence in your case. Hopefully the CO will understand the situation and grant the visa.

Visa stamping is what I suggest. 212 is only needed in case of deportation or removal.

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Thanks a ton @Kalpesh_Dalwadi for speedy reply. Helps!

I will take the necessary steps.

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