H4 Denial and 180 day rule after extension denial

Hi Anil,

My spouse’s H1 extension was filed before I94 expiry. My H4 extension was applied the same time. It was done on Dec 7th.

We premium processed my spouse’s H1 as we were reaching 240 day mark and we have got denial.

The h4 denial letter says if you are present in the country for more than 180 days then you may be barred from re-entry for a period of 3-5 years.

Will the 180 day count start from notice of denial (Aug 7th) or I94 expiry (Dec 7th)

Please guide.

Thanks,

Hi @Hopeful19

The 180 day period starts from date of denial. In your case, it starts from Aug 8.

I strongly suggest to not wait for this 180 day period. You should leave US in 10-15 days to avoid issues with future visa applications.

Thank you so much Anil for your prompt response. I was shocked to imagine I have accrued unlawful presence.

Yes I am leaving the country in next 1-2 days.

Really thankful for your response!

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