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

USA H4 Visa
8

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

9

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

10

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.

11

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.

12

Yes it was backdated from where last visa was ended

13

Thank you Suri for your reply.

14

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

Thanks
Dinesh Krishnan

15

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

16

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

17

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?

18

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

19

hi suresh , can we get some help which attorney to go for nunc pro tunc please or which you went ??

20

Hi @Suri,
Could you please let me know what has happened. I am in the same situation, as my family came back on July 22nd and at that time her stamped visa in passport was till September 5th 2020 and they showed my approval petition on port entry which was valid till 31st Dec 2020. Still she got her i-94 only till Sep 5th 2020. My company has missed h4 filing and submitted my H1B papers. My current visa is approved till 2023.
I came to know to 2 days back that her filing was not done and I have submitted an extension i-539 online and got receipt for filing with my approved petition and i-140. Since my wife has already crossed 62 days after her i-94 expiry, will there be any problem?
My company they don’t support H4 visa, and we have new born and can’t travel outside due to Coronavirus to India.

Any help will be greatly appreciated.

Please share your contact details to my email
softseenu87@gmail.com.

Thanks,
Pradeepkumar.

21

Hello Suresh,
I am in similar situation where my wife (H4 visa) is approaching 365 days after I94 expiration in April 2021. H4 NPT applied (@ California) in Oct 2020 + biometric already done. I am planning to send them back but H4 processing time at California is showing 15+ months.
Once she get her H4 visa stamped in India can she be back to US while her NPT is pending?
Or she would need 212(d)(3) waiver to enter again?

22

Hello Anil @Anil_Gupta

I have a similar situation. My i94 expired in Jan 2021, we had applied for H4 extension in July 2020. Meanwhile my husband switched from his employer A to employer B in December 2020. While switching the employer, attorney had mentioned no need to file new H4 and H4 EAD and the extension filed by employer A for H4 that was still pending will be okay since H4 is not tied to the employer. We got H4 denied notice on June 2021 stating the employer A H1B was revoked. We filed NPT within 2 weeks of denial notice with the new employer in July 2021. Now with the current processing time, H4 NPT application is not moving forward. I have decided to go to India for VISA stamping in November or December.

  1. Should I mention any illegal stay in my DS160? My attorney said since NPT was filed within 2 weeks, its a grey area and we need not mention it.
  2. I am eligible for dropbox, will 221g be issued in my case?
  3. Is the 180 day mark counted from i94 expiry date or my denial notice date?
    Thank you
23

You should follow what your attorney says. I think they are right as NPT was filed in timely manner.

221g may be issued due to the travel ban under PP 10199 if it is still in effect at the time of your stamping. You will need to provide NIE letter to get through the stamping otherwise you will need to wait till the travel ban is lifted and you may get stuck in India for a long period.

There are many H4s who were successful to get NIE using family separation reason and you may try the same. Or if primary H1B is working in one of the 16 critical sectors exempt under NIE, dependents may qualify for NIE.

If you have US born kid, you qualify for NIE and do not need any approval from consulate.

https://www.cisa.gov/critical-infrastructure-sectors

https://in.usembassy.gov/visas/national-interest-exception-frequently-asked-questions/

From the date of denial notice.

24

Hello All,

We are in situation where my wife and son’s h4 extenstion got denied which was concurrently filed with my h1b extension stating my h1 extension was denied which was not the case as their denial notice(H4) was referring my h1b amendment notice denial which was filed 1 year back for my h1b. In fact my h1b never denied. this denial notice case in 7th july 2020 and my attorney have filed nun pro tunc extension to adjust the status which is still pending with uscis over 1 year so i have sent my wife and son india as it was 1 year over stay. now my question is in thsi scenatio what to fill overstay question or any best immegeration attorney would be helpful… @Suri @Anil_Gupta and @Suri please help me or share your no… i am bit critical situation. ple ple

25

Hi Inder,

Did you NPT application get approved or they travelled back to india? I have a similar situation i94 expired in March 2021 and we are filing NPT in october 2021.
180 days have already passed.

26

Hi Inder,

What happened to your situation.? I am in similar situation where my dependents I94 expired on Jan 29 2022 and H4 extension petition filed on Feb 25 . Even my wife is pregnant . Already 60 days are gone
Do I wait for 180 days or depart US.

27

Hi Debasis,

I am in the same boat. Can you please let me know what happened to your situation?