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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