Nunc Pro Tunc H4 visa extension in progress can we leave the country

Dear @Anil_Gupta,

Good morning…!
need your suggestion in my case.

my H1B extension is approved in Aug 2018 and valid till Aug 2021, and while filing extension, I have missed to file h4 extension due to my lack of knowledge( I was thinking my H1 alone enough for my wife also as they got initial h4 with my H1) and my employer also didn’t tell me this.

We have realized in April 2019 and filed H4 extension in Nunc Pro Tunc received receipt on April 29 and gave biometrics on May 20th and awaiting result.

My employer told me that if we over stay more than 6 months and less than one year there will be bar of 3 years.

Now that we are approaching one year, either we get H4 extension response or not, we are planing to leave the country in couple of weeks.

Will they impose bar at port exit ? will there be any other complications ?
thanks a lot for your help and time.

thank you
Suri

Hi @Suri

It is possible that a ban is placed if your dependent has already spent more than 180 days without a valid i94.

Ban is automatic which means that H4 won’t be allowed to enter next time.
Also, your pending H4 extention will automatically be abandoned if you exit US now.

You should have not relied on NTP application as it is NOT always approved.

But, chances of approval of NTP are pretty good for H4 cases as they are dependents.

I suggest to talk to an attorney before making a move at this time. This situation is very tricky.

Thank you Anil. I will do that.

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Dear @Anil_Gupta, good morning, thank you for your inputs, I know it has been some time, could you please refer my above message for more details. as we were approaching one year my wife and daughter left the country on August 23, 2019, and USCIS approved H4 EOS for my wife and daughter on Sep 27, 2019. but there is no I-94, is it because of my wife and daughter left the country? having said that could you please answer the below query

  1. as USCIS approved the case, does it mean there is no bar on them now?
  2. if so, while filling the DS 160, for the column “have you ever overstayed in USA” . can we say NO?
  3. and also if the counselor asks for the i-797, do they have to give me or theirs?

thank a lot in advance
Suri

Hi @Suri

If the NPT application was approved, then you should be fine. You can still mention the overstay time in DS160 and then provide the explanation as to NPT was filed and it was approved.

For H4 cases, the H1B i797 is required. H4 i797 is not required as H4 has already left US.

Dear @Anil_Gupta ,
thank you for your response.

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