H4 Extension was not filled before I-94 Expiry

[ikiranp]

Hi All,

I am on H1B status valid till Jan 31 2017 and my employer had filed my extension and which was approved before 31st Jan and I have received approved I-797 too however my employer has missed to filed H4 extension before H4's I-94 expiry date which is 31st Jan 2017.
Now Its been two days my wife is out of I-94 status. We checked with employer and they said they will speak to lower and see what can be done?

Looking possible solution in this case or similar cases if anyone has faced and how it was handled by USCIS?

Please advise.

[rakee.everwithyou]

same case is mine.

It been 3 months my dependent I94 has expired and i am also worried on this.Still H4 transfer has not initiated.

[ikiranp]

same case is mine.

It been 3 months my dependent I94 has expired and i am also worried on this.Still H4 transfer has not initiated.

Did you file Extension for H4? or not yet? What was legal advise given in this case?

[akshaymsangani]

I-797 extended and I-94 coming to expiry

Hi,
My I-797 just got extended and my I-94 (from my previous travel) is expiring in May 2017. Can I stay in US beyond May?

[raghvi]

Hi,
My I-797 just got extended and my I-94 (from my previous travel) is expiring in May 2017. Can I stay in US beyond May?

Look at the bottom portion of the I797 if it has a revised I94 date then you can still that date.

This is my opinion not legal advice.

[ikiranp]

Hi All,

Please any advise.

My H1B is valid through June 2018 but my employer forgot to apply H4 Extension for my Wife and her I-94 is expired on 31st Jan 2017. Its been almost a week she is in US and employer is seeking lawyer's advise in this case.

#1 - I would like to know if anyone had similar case and how it was handled by individual and USCIS?
#2 - Is there any implication on Future immigration process?

We are worried about this and have no clue how it can be handled.

Please advise

[ikiranp]

Here are update from side:

I spoke to my employer's attorney and he has suggested two option:

1- Leave country and get VISA stamping done again and come back.

2. They will file nunc pro tun extension and he said there are chances that we will get approval but it may take 4-5 months. If denied it may raise bar of 3 years ban if stayed beyond 180 days.

We are confused, because considering current government situation, going back to India and getting stamping is risky as we have to mentioned overstay of 16 days in VIA form. also If we file extension and wait for approval, so bar of 180 days always would be on top of head.

I have question here:

If we apply extension nunc pro tun and wait for next 3-4 months (less than 180 Days) and if no update then leave the country. Overstay during wait period would be unlawful or with receipt we can stay up to 180 days.

[ikiranp]

Hi All

Finally we have decided to leave country and get new VISA. My Wife is travelling back to India tomorrow morning and would go for stamping in next 2-3 weeks.
Hope so everything would be fine.

Will update how VISA processing goes back in India.

Thank You

[Paul7036]

Hi ikiranp,

i am also in same situation but in my case I filled before my h4 expiry some reason receipt notice not received .i am with expired visa for 15 days. Did your wife visa approved without any issues? Did you mention the overstay in ds-160, if yes what did you put the reasons ?

[Paul7036]

Even check is also not cashed.