Lost the H1 Status and want the H4 Visa

Hi Anil,

Emergency Please help!!!.

My wife came on H1 and got a visa up to May 31, 2020, but due to the re-location issue and our baby health issues, she informed the company that she can’t work with them. So no payroll generated. But the mistake we did is forgot to file her h4 due to my severe health issues at the same time. Now she crossed the bar already. I am on valid H1 till July 2022 and my wife is out of status.

With the current COVID situation, she can’t even travel to INDIA with 18 months old baby.


What limit has been crossed? You have to clearly tell the dates if you want any meaningful answer.

Hi Anil,

Thanks for the response. She entered in USA on Nov 1st 2019 with H1 but never worked till today. Its been more than 180 days now. Requested my attorney to file a new H4 petition not sure if my wife is lucky enough to get her approved H4.


She has already been ‘out of status’ for more than 180 days.

Its a violation and you will have to provide a good reason to file H4 COS and get approval. It all depends on USCIS visa officer now.