I had no idea that I need to do H4 extension for my wife until today and her H4 had expired on March, 30, 2021.
I have a 7month old baby (Born in US) and we just applied for her passport last week. I have expedited her application today knowing this issue and hopefully we will get the passport next month. So she can only go to India with the baby in first week of February.
Should I apply for H4 extension now with Nunc Pro Tunc option or go to India and attend the interview directly?
NPT could approve or disapprove and it could most likely take more than few months and my wife’s overstay could go beyond 12 months which we don’t want to do.
I read that going to India directly for the interview would work mostly if the overstay is less than 6months. But for us it will be 11 months in February. Please advice!
You should apply for NPT asap as your spouse has already accrued more than 180 days of unlawful presence.
I agree. File for NPT extension ASAP. I was in the same situation except I found out within a month. I filed for the extension, and since the Uscis was taking more than 6 month my wife just went back for interview and was approved on the same day. The h4 extension approval just came back this month (after 7 months) and it was backdated to approve the stay for those unauthorized stay period. Hope this helps
Thank you for the response Kalpesh. I am in the process of applying NPT. But I think the NPT will take about 6months to get approved/rejected and my wife would then have an unauthorized stay for more than 365 days. Wouldn’t that be even worse if her NPT gets rejected after 6months?
Can she leave country after NPT is applied and get back into the country again after NPT is approved?
Thank you for your response.
What documents or proofs did you have to provide during NPT to justify for not applying extension on time?
I just started talking to the lawyer today and they are still studying my case. Every bit of information from you would be of GREAT help.
Thank you so much again!
Work with good immigration lawyer and they will handle all documentation required to file the EOS with NPT.
It’s a tricky situation. I would recommend talking to a good immigration attorney and do what they suggest. If stamping works out the best, then you should take that route.
I recommend Murthy law firm. They have great experience in handling such cases. Mind you they are pricey but are very resourceful for dealing with such cases.
As for documentation other than standard H4 documents. They may ask for a self declared statements, one from you and one from your wife, to explain why did you fail to apply for H4 in the first place. Maybe pictures of you and spouse. I would suggest, do not panic. But get a really good lawyer, experienced one.
Was in a similar situation and spoke to 5-6 attorneys. Didn’t feel confident on most as they were all giving some workarounds which they themselves weren’t sure of.