H4 Out Of Status - Pls assist

[senkumar]

My wife's H4 extension was not applied by hindsight by my employer.This was found only when my H1 approvel petition arrvied.

I have asked my wife to go back to India for stamping.
But by the time she left US, she had stayed in the US 3 weeks after her I94 had expired.

The DS156 has a question :
Have you ever violated the terms of your US Visa or unlawfully stayed in the US. ( Yes / No).

Pls advice which category she has to fill in. If you can offer any advice , it will be great.

Kumar

[txh1b]

Yes and carry proof of H1b approval and she leaving immediately after finding out the error. Get a letter from the company/Lawyer about it. Carry the ticket and boarding pass to show she left immediately upon finding out the error.

As it is 3 weeks of stay past I-94, there is no automatic ban. And the reason can be explained clearly to the VO. The VO will most likely issue the visa without problems.