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  • H4/I-94 Out of status

    Hi,

    My wife H4/I-94 is out of status at current . h4 extension was missed.

    Current my h1 amendment is in progress and I got RFE . I have h1 extension approval notice.

    I heard that my wife has to leave the country ASAP and get her h4 stamped again.

    Will her h4 stamping will be approved due to out of status in past ?

    Is there any limit on number of days she can be out of status to avoid issues in h4 stamping?

    In DS-160 does she has to mention unlawful presence? If yes will there be problems during h4 stamping ?

    can she use my h1 extension approval or she has to wait until my h1 amendment gets approved for h4 stamping?

  • #2
    Originally posted by mack87 View Post
    Hi,

    My wife H4/I-94 is out of status at current . h4 extension was missed.

    Current my h1 amendment is in progress and I got RFE . I have h1 extension approval notice.

    I heard that my wife has to leave the country ASAP and get her h4 stamped again.

    Will her h4 stamping will be approved due to out of status in past ?

    Is there any limit on number of days she can be out of status to avoid issues in h4 stamping?

    In DS-160 does she has to mention unlawful presence? If yes will there be problems during h4 stamping ?

    can she use my h1 extension approval or she has to wait until my h1 amendment gets approved for h4 stamping?
    She has to leave the country asap. There is no grace period after I94 expiry. Yes, you have to mention that in DS160 form. It is upto VO as to what decision they take but better not to lie as they anyway have the records of departure, I94 etc.
    This is just my opinion, not a legal advice.

    Comment


    • #3
      Mode of h4 extension

      Originally posted by SKDS160 View Post
      She has to leave the country asap. There is no grace period after I94 expiry. Yes, you have to mention that in DS160 form. It is upto VO as to what decision they take but better not to lie as they anyway have the records of departure, I94 etc.
      Does she as to go for Visa interview or Drop box is also allowed?

      Comment


      • #4
        Originally posted by mack87 View Post
        Does she as to go for Visa interview or Drop box is also allowed?
        When did her visa in the passport expire?

        Comment


        • #5
          Visa expire

          Originally posted by raghvi View Post
          When did her visa in the passport expire?
          Visa expired on aug 30 2016

          Comment

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