Urgent: NPT is InProgress, then eligible for Dropbox for H4 extension?

USA H4
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1

Hi Anil,

I forgot to file my wife for H4 extension, once she transfer visa H1 to H4, so I started exactly after 50 days NPT process, I can see application goes in California, it will take 4.5 month which is more than 180 days, but I have valid H1B and visa expire on 17th April 2025, so I am eligible for Dropbox, is my wife also eligible for Dropbox?[She has also visa stamp up to 17th April, 2025]

Which is safe way? Need to wait for NPT result OR go to India take Dropbox/ interview?

OR if she leaves the USA, then it will be considered as voluntary deportation?
Is that any impact on future immigration?

2

We have only one month now, so can you please give answer ASAP and appropriate?

3

My suggestion would be to leave the US and file visa application at embassy.

Dropbox rules depend on many factors.

More information and my suggestions are here:

4

Thank you so much but again we have multiple questions here.

  1. Which factors matters for Dropbox? I checked [US Visa Dropbox] (AM22Tech Apps - USA, Australia, Canada forms, Visa and Immigration) this once, I found my wife is eligible for Drobox.

  2. Is there do any closing application before leaving USA for stop this NTP process?

  3. Will this overstay create any issue in future immigration?

Can you please give me above answer? it will great help for us.

5

Please read the article. It has everything.

6

Thank you so much for your advice.

7

Hey Anil,
One more question here,

In this situation NTP already in progress, then we need to mention unlawful presence - Yes in DS 160? OR we do not need to mention?
Kindly please advise us.

8

I would suggest to mention about unlawful presence. They know everything. If you hide it, they will issue a form 221g and it will delay the process.

9

Thanks for the advice.

10

Now, here another query is there. I mention about unlawful presence in DS160, but Luckly me and my wife got stampeded passport without any issues/interview via Dropbox and reentered in USA without any issues, now question is in future whenever this DS 160 form filled again, then every time need to mention about unlawful presence, or no need of it?

11

Yes, my advise is to mention it every time in future too.

12

Thanks for the advice.

13

Hi @Aayasha_mojidra quick question.
i forgot to file my wife h4 extension. almost overstayed 35 days, we are going to file extension for h1b&h4with npt in PP, if we don’t get results in 2months i will send her to India.

did they ask any question on overstay
what reason did you mentioned for overstay.

Thanks in Advance.

14

I would suggest, first check for NTP process, in which state it is going? And how much time will it take for the result?

Make sure your wife needs to leave the USA before 180 days.

If an interview happens, then I would suggest to be honest with USCIS about overstay and also mention in DS160 form for overstay.

In my case, I went with my wife to India, and I have Dropbox for stamping, lucky we both got stamped without an interview.

1 Like
15

thank you for your information