Nunc Pro Tunc H4 visa extension in progress can we leave the country

H4 Visa
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21

Hello Suresh,
I am in similar situation where my wife (H4 visa) is approaching 365 days after I94 expiration in April 2021. H4 NPT applied (@ California) in Oct 2020 + biometric already done. I am planning to send them back but H4 processing time at California is showing 15+ months.
Once she get her H4 visa stamped in India can she be back to US while her NPT is pending?
Or she would need 212(d)(3) waiver to enter again?

22

Hello Anil @Anil_Gupta

I have a similar situation. My i94 expired in Jan 2021, we had applied for H4 extension in July 2020. Meanwhile my husband switched from his employer A to employer B in December 2020. While switching the employer, attorney had mentioned no need to file new H4 and H4 EAD and the extension filed by employer A for H4 that was still pending will be okay since H4 is not tied to the employer. We got H4 denied notice on June 2021 stating the employer A H1B was revoked. We filed NPT within 2 weeks of denial notice with the new employer in July 2021. Now with the current processing time, H4 NPT application is not moving forward. I have decided to go to India for VISA stamping in November or December.

  1. Should I mention any illegal stay in my DS160? My attorney said since NPT was filed within 2 weeks, its a grey area and we need not mention it.
  2. I am eligible for dropbox, will 221g be issued in my case?
  3. Is the 180 day mark counted from i94 expiry date or my denial notice date?
    Thank you
23

You should follow what your attorney says. I think they are right as NPT was filed in timely manner.

221g may be issued due to the travel ban under PP 10199 if it is still in effect at the time of your stamping. You will need to provide NIE letter to get through the stamping otherwise you will need to wait till the travel ban is lifted and you may get stuck in India for a long period.

There are many H4s who were successful to get NIE using family separation reason and you may try the same. Or if primary H1B is working in one of the 16 critical sectors exempt under NIE, dependents may qualify for NIE.

If you have US born kid, you qualify for NIE and do not need any approval from consulate.

https://www.cisa.gov/critical-infrastructure-sectors

https://in.usembassy.gov/visas/national-interest-exception-frequently-asked-questions/

From the date of denial notice.

24

Hello All,

We are in situation where my wife and son’s h4 extenstion got denied which was concurrently filed with my h1b extension stating my h1 extension was denied which was not the case as their denial notice(H4) was referring my h1b amendment notice denial which was filed 1 year back for my h1b. In fact my h1b never denied. this denial notice case in 7th july 2020 and my attorney have filed nun pro tunc extension to adjust the status which is still pending with uscis over 1 year so i have sent my wife and son india as it was 1 year over stay. now my question is in thsi scenatio what to fill overstay question or any best immegeration attorney would be helpful… @Suri @Anil_Gupta and @Suri please help me or share your no… i am bit critical situation. ple ple

25

Hi Inder,

Did you NPT application get approved or they travelled back to india? I have a similar situation i94 expired in March 2021 and we are filing NPT in october 2021.
180 days have already passed.

26

Hi Inder,

What happened to your situation.? I am in similar situation where my dependents I94 expired on Jan 29 2022 and H4 extension petition filed on Feb 25 . Even my wife is pregnant . Already 60 days are gone
Do I wait for 180 days or depart US.

27

Hi Debasis,

I am in the same boat. Can you please let me know what happened to your situation?

28

Hi All,
I am also in similar situation, but little different. My spouse and Kids I94 expired on Oct 10 2022 and we filed H4 NPT on June 13 2023(more than 180 days). while this case is in progress we filed H1 and H4 extension on Mar 01 2024. my H1 as well as H4 for my Spouse and kids were approved on 17 July 2024. Still H4 NPT case(which is filed before the one approved recently) are in pending with USCIS. Please suggest if my spouse and Kids can travel India with approved petition? Also please suggest what need to be filled in DS160 for overstay column.