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  • H-4 application delay. Need advice.

    Hi

    I came to US as a student on F-1 visa and my wife was on dependent F-2 visa. My status changed from F-1 to H-1 on October 1st.
    However, the H-4 processing was missed.

    Can someone advice on next steps ? Did someone face this issue before.
    Any idea what is nunc pro tunc request to USCIS ?

    Your advice will be greatly appreciated. Plz. help out.

  • #2
    your wife is currently out of status on F2. It is not worth worth filing a COS from F2 to H4 now and wait for another 4-5 months to figure out whether USCIS will approve it or not even in case of nunc pro tunc request. If her COS is denied, then by that time she might have accumulated a lot of out of status period which will impact her future petitions and visa stamping. The best option right now is for her to leave the country as soon as possible and re-enter back on a H4 visa.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thank you for ur reply. It definitely helped.

      So if am not wrong I can go to Canada and come back with h4 stamped for my wife. However I will need a Canadian tourist visa for the same which would take around 40 to 50 days to arrive. Is my understanding correct ?

      Comment


      • #4
        Not advisable to go to a third nation to get the visa stamped when the person is out of status. If they issue a 221g for additional admin processing, then it will take months before you get a decision on the visa status. It is advisable to go back to the home country to get the visa stamped in your case.

        But if you decide to take the risk, then you can go to Canada. If you go directly to the Canadian embassy, getting the visa is easy. It won't take 40-50 days. Advisable to keep the out of status period to a minimum and take a decision soon. More the out of status period, more issues in the future.

        Originally posted by ambi View Post
        Thank you for ur reply. It definitely helped.

        So if am not wrong I can go to Canada and come back with h4 stamped for my wife. However I will need a Canadian tourist visa for the same which would take around 40 to 50 days to arrive. Is my understanding correct ?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Originally posted by shervin143 View Post
          Not advisable to go to a third nation to get the visa stamped when the person is out of status. If they issue a 221g for additional admin processing, then it will take months before you get a decision on the visa status. It is advisable to go back to the home country to get the visa stamped in your case.

          But if you decide to take the risk, then you can go to Canada. If you go directly to the Canadian embassy, getting the visa is easy. It won't take 40-50 days. Advisable to keep the out of status period to a minimum and take a decision soon. More the out of status period, more issues in the future.
          Thank you so much, Shervin143. I understand the best option is going to India and getting H4 stamped.
          Sorry to bother you so much, but a few more questions and it would be a great help if you could answer them:

          In my case, I have few restrictions on traveling immediately to India.
          - Can I file for a nunc pro tunc with USCIS and while the process is on, Travel a month later to India and get H4 stamped. Or is it like once NPT process starts, you can't travel to India ?
          - How long can H4 stamping take in India, are there chances it will get rejected ?
          - Can she file for H1 while NPT is going on and decision is not made ?

          Thank you so much for ur help so far.

          Comment


          • #6
            Originally posted by ambi View Post
            Thank you so much, Shervin143. I understand the best option is going to India and getting H4 stamped.
            Sorry to bother you so much, but a few more questions and it would be a great help if you could answer them:

            In my case, I have few restrictions on traveling immediately to India.
            - Can I file for a nunc pro tunc with USCIS and while the process is on, Travel a month later to India and get H4 stamped. Or is it like once NPT process starts, you can't travel to India ?
            - How long can H4 stamping take in India, are there chances it will get rejected ?
            - Can she file for H1 while NPT is going on and decision is not made ?

            Thank you so much for ur help so far.
            Whats the basis of a NPT? Merely "forgetting to file it" does not seem a valid enough reason.

            This is my opinion not legal advice.

            Comment


            • #7
              - Can I file for a nunc pro tunc with USCIS and while the process is on, Travel a month later to India and get H4 stamped. Or is it like once NPT process starts, you can't travel to India ?
              >>> You cannot travel when the petition is under process. There is no point in filing NPT if you are anyways planning to travel in 1 month.

              - How long can H4 stamping take in India, are there chances it will get rejected ?
              >>> You will know the decision on the date of the visa interview. It will take about 2 weeks to get the passport back if the visa is approved.

              - Can she file for H1 while NPT is going on and decision is not made ?
              >>> Not as a COS. Chances of that getting approved is very slim. She can apply H1 for consular process though.
              Last edited by shervin143; 10-26-2015, 07:39 PM.
              Not a legal advice. Use of this information is strictly at your own risk.

              Comment


              • #8
                Originally posted by shervin143 View Post
                - Can I file for a nunc pro tunc with USCIS and while the process is on, Travel a month later to India and get H4 stamped. Or is it like once NPT process starts, you can't travel to India ?
                >>> You cannot travel when the petition is under process. There is no point in filing NPT if you are anyways planning to travel in 1 month.

                - How long can H4 stamping take in India, are there chances it will get rejected ?
                >>> You will know the decision on the date of the visa interview. It will take about 2 weeks to get the passport back if the visa is approved.

                - Can she file for H1 while NPT is going on and decision is not made ?
                >>> Not as a COS. Changes of that getting approved is very slim. She can apply H1 for consular process though.
                Hey Shervin143,

                Thank you for your spot on answers.

                For 1st Q: Someone told me that you can travel out of country while NPT is in process and if you get H4 stamped and your NPT is still in progress, you can withdraw your NPT application with USCIS.
                How reliable do you think is this information. Is there a way I can check / verify somewhere ?

                Comment


                • #9
                  You can certainly do that if you want. But I am not sure what you will gain in doing so. You file NTP and leave the country and NTP will be declined since you are no longer in the country. Unless you get a good immigration attorney and file the NTP only for the period that has already lapsed. Having an NTP will have no impact on your H4 visa application though. Once you get your H4 visa stamped and after entering U.S in H4 status, then you can withdraw the NTP.

                  Originally posted by ambi View Post
                  Hey Shervin143,

                  Thank you for your spot on answers.

                  For 1st Q: Someone told me that you can travel out of country while NPT is in process and if you get H4 stamped and your NPT is still in progress, you can withdraw your NPT application with USCIS.
                  How reliable do you think is this information. Is there a way I can check / verify somewhere ?
                  Not a legal advice. Use of this information is strictly at your own risk.

                  Comment


                  • #10
                    Originally posted by shervin143 View Post
                    You can certainly do that if you want. But I am not sure what you will gain in doing so. You file NTP and leave the country and NTP will be declined since you are no longer in the country. Unless you get a good immigration attorney and file the NTP only for the period that has already lapsed. Having an NTP will have no impact on your H4 visa application though. Once you get your H4 visa stamped and after entering U.S in H4 status, then you can withdraw the NTP.
                    First of all Thank you so much for all your answers. I have been waiting for your answers and they have helped me and my wife so much.

                    I would like to do that because:
                    1. My wife wants to apply H-1 in coming cycle. In worst case, if NPT takes 6-8 months, by the time she files H1B by April 1st, she will be out of status when she applies and that is a bad position to be in.
                    2. If I do not do NPT and plan to travel to India in January, she will be staying in USA for almost 3 months out of status, again a bad position to be in.

                    So by applying for NPT now, I will be informing USCIS about this issue from my side and by travelling in between my wife will be sure she has some valid status b4 applying for next H1 cycle.
                    This was my thought process. I hope I am talking sense here.

                    Let me know your thoughts.

                    Comment


                    • #11
                      Sounds like a plan.

                      Originally posted by ambi View Post
                      First of all Thank you so much for all your answers. I have been waiting for your answers and they have helped me and my wife so much.

                      I would like to do that because:
                      1. My wife wants to apply H-1 in coming cycle. In worst case, if NPT takes 6-8 months, by the time she files H1B by April 1st, she will be out of status when she applies and that is a bad position to be in.
                      2. If I do not do NPT and plan to travel to India in January, she will be staying in USA for almost 3 months out of status, again a bad position to be in.

                      So by applying for NPT now, I will be informing USCIS about this issue from my side and by travelling in between my wife will be sure she has some valid status b4 applying for next H1 cycle.
                      This was my thought process. I hope I am talking sense here.

                      Let me know your thoughts.
                      Not a legal advice. Use of this information is strictly at your own risk.

                      Comment


                      • #12
                        Originally posted by shervin143 View Post
                        Sounds like a plan.
                        Thanks Buddy !

                        Hope this post helps someone if he/she lands in the same position.

                        Comment

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