Eligible for Dropbox? H4 expired, I-94 expired.

[mcasanket]

Hi all,

My wife is on H4 and her visa and I-94 expired before 5 months. However she has not crossed 180 days but she is still in US and planning to leave asap. My wife just delivered a baby on 01-01-2017. As we were relaying on my employer we completely forgot to extend her stay.

Below are my queries if someone can help me with.

1. As my I-129 amendment is still in process, my employer is planning to resubmit it in a premium processing and club I-539 form for my wife asking for extension. (will it work ?)

2. If my wife goes to India, will she eligible for Dropbox? Even though she has violated the visa rule?


Any help will be appreciated!

Thanks!

[ikiranp]

Hi

I am in same boat as you. My Wife's I94 is expired 3 weeks back and she is leaving soon to India. I am not sure if she is eligble for drop-box or not. Based on questionaries on drop-box eligibility, she qualify for drop-box but not sure if overstay will make her not eligible?
How was your experience.

Thank
Kiran

[mcasanket]

Hi

I am in same boat as you. My Wife's I94 is expired 3 weeks back and she is leaving soon to India. I am not sure if she is eligble for drop-box or not. Based on questionaries on drop-box eligibility, she qualify for drop-box but not sure if overstay will make her not eligible?
How was your experience.

Thank
Kiran

Hi,

My wife will leave around Feb ending. Have you consult any lawyer so far?

Thanks!

[mcasanket]

Hi,

Any updates!?

[ikiranp]

Hi,

My wife will leave around Feb ending. Have you consult any lawyer so far?

Thanks!

Hi

Yes, I have talked to employer's attorney and they had filed her extension on 16th Feb (16 days after I94 Expiry). Attorney is saying, chances of approval are good but processing time is problem. It may take 4-5 months and If 180 days over and application denied then it will trigger 3 years ban. Attorney is suggesting, take receipt and then travel to India. She can provide reciept to consulate if they ask about overstay.

Did you take appointment at consulate in India? Is drop-box option is still available for her?

[mcasanket]

No I have not taken the appointment but I have filled all the forms. She is eligible for Dropbox but we talked with one lawyer of **** ** **** ** and she was saying that my will is not eligible for Dropbox as she overstayed! But according to questionnaires she is eligible.

I don't know how it works. They might call her for interview once they receive the Dropbox application.

Also make sure when you book flight to home country, don't book British airways or any flights that lands in Europe. Otherwise your wife will need a transit visa. They will not allow to board a flight with invalid visa. I am telling this based on one of my friend's wife experience and also many forums stated this.

Please updating this post! I will also do so!

Thanks

[ikiranp]

No I have not taken the appointment but I have filled all the forms. She is eligible for Dropbox but we talked with one lawyer of **** ** **** ** and she was saying that my will is not eligible for Dropbox as she overstayed! But according to questionnaires she is eligible.

I don't know how it works. They might call her for interview once they receive the Dropbox application.

Also make sure when you book flight to home country, don't book British airways or any flights that lands in Europe. Otherwise your wife will need a transit visa. They will not allow to board a flight with invalid visa. I am telling this based on one of my friend's wife experience and also many forums stated this.

Please updating this post! I will also do so!

Thanks

Hi

I read on some of the post where H4 was out of status for 4 months and they were eligible to drop-box option. Though not sure, if consulate would like to call for Interview.
I am waiting for extension receipt and then wife will plan travel. I just worried of Admin processing or 221(g) which is happening more often in India but no other option have to take any of the chance so travelling is more safer (receipt in hand).

Yes, we will plan travel via Air India or any of the middle east airlines.

[mcasanket]

Ijust worried of Admin processing or 221(g) which is happening more often in India but no other option have to take any of the chance so travelling is more safer (receipt in hand).

Hi,

What do you mean by admin processing!? As far as I know 221G they give when they want more documents or evidence. I don't think they will face big problems yes they may have some delay for coming back.

I have got receipt for my wife for I-539. I am planning to drop all the documents in Dropbox.
- I-539 receipt
- My I-797
- Apology letter from my wife
- Letter from my employer saying they also forgot to inform us
Also other supporting documents of mine like pay stubs and all.

Thanks

[ikiranp]

Hi,

What do you mean by admin processing!? As far as I know 221G they give when they want more documents or evidence. I don't think they will face big problems yes they may have some delay for coming back.

I have got receipt for my wife for I-539. I am planning to drop all the documents in Dropbox.
- I-539 receipt
- My I-797
- Apology letter from my wife
- Letter from my employer saying they also forgot to inform us
Also other supporting documents of mine like pay stubs and all.

Thanks

Hi

As per USCIS site information, 221(g) can be given to applicant if any Immigration violation in past, but have not see any post about H4 221(g) if overstayed. I too have all supporting document like Email (stating employer forgot to submit application), Affidavit copy, I-539 receipt (Nunc Pro Tun).

My lawyer said, if she leave US and apply for new VISA and in between if I-539 is approved then it may or may not have backdated i-94. I am not sure, if I-539 is approved before stamping then still do we need to mentioned about overstay in DS-160? Any idea?

Thank You.

[mcasanket]

I am not sure, if I-539 is approved before stamping then still do we need to mentioned about overstay in DS-160? Any idea?
Thank You.

I am going to mention in the DS-160 regarding overstay as my wife will go for the Dropbox the day she reach to India. However we also filed the I-539 and got the receipt but it will take at least 2 to 5 months to process. My wife is planning to come back asap.

Also I guess, once you leave the country the I-539 will be discarded as they will come to know somehow that the applicant has already left the country. But taking the receipt back is good idea. (This is what I think)

Did you get chance to ask attorney to know whether they are eligible for Dropbox or not? I asked two attorney and both of them have different answer. One said she is not eligible for DP (however she is according to questionnaire) and other said she is eligible. Please let us know if you find anything on DP.

Thank you!

[ikiranp]

I am going to mention in the DS-160 regarding overstay as my wife will go for the Dropbox the day she reach to India. However we also filed the I-539 and got the receipt but it will take at least 2 to 5 months to process. My wife is planning to come back asap.

Also I guess, once you leave the country the I-539 will be discarded as they will come to know somehow that the applicant has already left the country. But taking the receipt back is good idea. (This is what I think)

Did you get chance to ask attorney to know whether they are eligible for Dropbox or not? I asked two attorney and both of them have different answer. One said she is not eligible for DP (however she is according to questionnaire) and other said she is eligible. Please let us know if you find anything on DP.

Thank you!

I am also hoping the same thing. With receipt in hand, there should not be any issue in stamping. I think, drop box is eligible because when we mention overstay in DS-160 and still it shows drop box eligibility it means they are accepting otherwise they would have not. Please let me know how stamping goes In India?
You can mail me - [email protected]

[mcasanket]

Please let me know how stamping goes In India?[email protected]

Sure I will update you on that. Also keep updating this thread as you come to know new things!

[ikiranp]

Sure I will update you on that. Also keep updating this thread as you come to know new things!

Hi

Any update from your side? Did your wife travel to India?

[mcasanket]

Hi

Any update from your side? Did your wife travel to India?

Not yet. Tomorrow she will!

[ikiranp]

Not yet. Tomorrow she will!

Hi

Please, any update from your side. Hope your wife VISA processing was good.

Thanks