Hi all,
I would like to share that H4 Visa has been approved for my wife and kid. They received their passports today and their Visa end date is till my H1B petition end date.
I would like to convey my heartfelt thanks to @Anil_Gupta for guiding us the right way by asking the right questions and giving us the confidence.
My wife and kid will be traveling back to US in 2 weeks time.
Many many congrats! Glad to hear of the positive outcome.
Thank you!
I have a question to @Anil_Gupta
After my wife and kid enters the US, considering their I94 date is updated as their Visa end date, is the I94 date in the H4 I797 document still valid? Should I apply H4 extension based on the I94 date in the H4 I797 document or based on the I94 date that is updated at port of entry?
I94 date in H4 I797 - April 2020
H4 Visa end date - June 2020
Regards,
Subramanian
The H4 i797 is irrelevant. You need to always move as per most recent i94 date.
So, file extension before the new i94 expires.
Thank you for the confirmation!!
@Subramanian_Umasanka - please share what questions came up with regards to the overstay and how your wife answered them. Or was the topic not brought up at all? Thanks
Im sharing the question and answer session between the consulate officer and my spouse below.
VO Officer: Please provide the passports
Passports shared
Question: Can you please provide your husband’s visa pages?
Answer: Sure. I also have the latest work petition approval document for my husband. Shall I share that?
VO Officer: Sure. Thats better. Please share that.
Latest H1B approval document shared.
Question: Oh! The system shows you are out of status for more than an year now. Can you please explain why?
Answer: My wife explained the situation and shared her approved H4 I797 dated until April 2020.
VO Officer: Now I understand where the confusion might have happened.
In the meantime my kid was playing with the answer mike and my wife tried to keep him under control.
Question: How did you manage your kid alone during travel? Was your travel to India comfortable?
Answer: We had a night flight so it was comfortable.
Question: When did you come to India from US?
Answer: Gave the date when she traveled to India.
Question to Kid: Whats your name?
Answer: Kid told his name
Question: Are you going to school in US?
Answer: Yes. Im going to school.
Checked the details in System for sometime and said “Your visa is approved. Please join back your husband soon.”
Please explain your case genuinely and if you have kids, i would suggest to take them along for the interview. They can approve on humanitarian grounds.
Regards,
Subramanian
Thank you so much for sharing! Great details to keep in mind.
Hello @Subramanian_Umasanka, Congrats for the approval. Thanks for sharing the transcript , may I know what did you filled in DS160 about the overstay. Is it possible for you to share that information.Thanks!
Just noticed my 10 yr old son’s (H4) I-94 date has old passports expiry date. Since we all have i-94 till 2022, didn’t pay attention to son’s i-94 date ( expired in Jan 20). He does have a valid visa stamp until 2022. How to handle this situation ? Can we visit Deferred inspection sites or one of the land borders to get his I-94 extended. Due to COVID delays, even his new Indian passport came late and noticed expired I-94 only today. Please advise!
Hello Anil, just wanted to share a quick update with everyone on the forum.
My wife’s H4 was approved today. With the recent changes in visa processing, since her most recent visa expired within the last 24 months, she qualified for drop box submission which was really scary for us as it robbed us of an opportunity to get face time with the Consular officer to be able explain the reason for her overstay. After 3 working days, her status changed to “Administrative Processing” which was heart-breaking because we thought now there would be another 6-8 months wait but after just 2 days, the status changed to “Issued” and now we’re waiting for her stamped passport to arrive 
All in all, just wanted to share with those that are on the same boat and facing the stress of being separated from family, that don’t loose HOPE! There is a higher power BIG enough, POWERFUL enough and LOVING enough to take care of what’s happening in our lives.
After 11 months of separation from my wife, we will finally re-unite soon. I survived on hope from individuals who cared enough to share their experiences on this forum and of course, support from Anil. So a BIG thank you to all of you.
God Bless and God Speed friends
Thanks for sharing the good news! I felt happy reading your post. You and your family overcame all the visa hurdles and made it!
my wife is on H4, her I94 has expired 2 months ago and we did not notice by mistake, My attorney is filing H4 extension with nunchuck’s pro tunc. given that it has been taking months to get a decision on H4, if denied will that period be counted towards the 180 day aggregate?
Sauvik Ghosh,
Congrats, finally you got the relief. May I know what reason you specified for overstay question for your case? Can you please post that. Thanks!
Pritivi2000,
As per previous post in different forum, looks like if the Person who overstayed goes back to India within 6 month after expiry for stamping then there won’t be any issue in stamping process. This is more recommended by most of the people who got stamped successfully in your case. Thanks!
Thanks for the reply. We have Young children and concerned that if she goes to India, can not be certain how long before she gets visa appointment. Looking into emergency appointment and might eventually end up doing that but wondering if anyone had luck with NPT. Also does anyone know if you apply H4 after I-94 expiry, will the waiting period be counted as unlawful status or will it accrue only after denial. Thanks in advance
hi sauvik , glad to hear the news i just wanna know did you wife came back to usa 
or were there any questions at port of entry regarding i 94 please explain
hi @Anil_Gupta if we over stay or made unlawful presence and got stamped from counslate after mentioning our unlawful presence … will there be any problem at port of entry or if counslate once stamped or approve ur visa can one enter usa ?!!
even if there is unlawful presence ??? and one gets visa stamped can she travel??