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.

1 Like

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.

1 Like

Hi Suri,
Thank you for sharing us the details. Did your wife and daughter get their visa stamped in India and enter US?

We are in a similar situation where my wife and 3 yr. old kid have an approved I797 until April 2020 from previous employer. But because we did a international travel in 2018, her I94 got overridden with my new employer’s petition end date. Now they are in overstay status for more than an yr.

They are doing an international travel to India and planning to schedule a Visa interview from Chennai consulate by the end of this month.

Hello Subramanian,

Visa interview was over and it is approved and they are still in india and planning to travel this month.

Please let me know if you have any specific questions, I will be happy to share my experience

I personally feel as long as the reason is genuine visa officer shouldn’t have any problem for h4 visa

Hello Suri,
Thank you very much for the response. Had the following questions.

  1. Which consulate did they attend interview? What were the questions asked by the officer?
  2. Would you be able to share the justification you gave in DS 160? So that we can word our justification accordingly.
  3. Did you answer “Yes” for unlawful presence / overstay question for your minor kid?

Regards,
Subramanian

Hi Subramanian,
My wife went to Hyd consulate, as our EOS application is approved because of the valid reason , Attorney suggested us to choose option NO for unlawful presence.

Better contact any attorney and get a professional advice.

Thanks

Suresh.

Hi Suri,

I am also in somewhat similar situation. Can you please tell if the I-94 was backdated when you got your extension or was the the extension approved from the date of approval?

Thanks.

Yes it was backdated from where last visa was ended

Thank you Suri for your reply.

Hi Suri, I`m facing the same situation, please share your experience to me it would be really appreciated.

Thanks
Dinesh Krishnan

Dinesh, are you looking for anything specific
Please let me know if you have any specific questions

Hi Suri

First of all, thanks for your effort to answer all this questions in this forum.

We forgot to apply H4 extension along with my H1b, I have valid H1b till December 2021. Now, my wife and daughter(4 years) visa and I94 expired on March 29, 2020. We came to know that June 1st week itself and my attorney sent me some documents and I filled it, I prepared check for bio-metric fee, explanation letter and sent it immediately to USICS. We got the receipt number for both my wife and kid, I`m tracking it regularly.

My doubt, is it late filing it Nunc Tunc Pro? I`m really wondering whether is filed as Nunc Tunc Pro or not. Could you please send me your number to this email id - mailtodineshinbox@gmail.com or I will send it, I would like to talk to you it will be very helpful. Thanks.

Regards,
Dinesh Krishnan

Hi @Anil_Gupta @Suri
I’m in a similar boat. I’m on H1b was working for employer A with i94 valid until May 22, 2020 so were my wife and son’s i94, valid until May 22, 2020. I changed my employer in January 2020, the company B applied for my transfer, there was RFE on transfer in March and then Covid 19, flights ban to India when my I94 was approaching and I had these tensions in mind. Later RFE is submitted and I got my extension approved on July 27 until Aug 27, 2020. When I received the approval copy, I realized the H4 extension was not submitted. Employer applied for H4 extension using NPT, in the request letter they have mentioned that we did not notice the last date of I94. Is it good enough to expect an approval?

After Aug 27, there was another extension submitted for my h1b, this time they did not file for H4 extension citing my wife and son are already in out of status for some time. My H1b is approved now. Can I apply for extension using NPT again while my previous NPT extension is in process?

I’m looking for a sample request letter, could you share one you used in your NPT application?

Hi I guess that should be fine, Sorry I don’t have Sample letter Attorney did that for me. Better to consult an attorney