Valid H4 : i94 expired ; left india

[yesmani]

Hi , Here is my case & any sort of suggestion will help
H1 : Stamped until Dec-2016 :: i94expired due to passport expiry Sept-2015 , so H1 extension was filled & in-progress from Jun-2015
H4 : Stamped until Dec-2016 :: i94 expired on 02-Jan-2016

Realized late that cannot stay in country with i94 expiry, & couldn't apply any extension. My spouse left India on 10-Jan-2016
Question is :
1) I am doing premium for H1 & planning to get my spouse back in to country. what is the better way to deal this
2) will their visa valid still ?Is this 8 days out of status for H4 causes any issue at "port of entry". Any suggestion how to overcome.

[shervin143]

1) I am doing premium for H1 & planning to get my spouse back in to country. what is the better way to deal this
>>> Once you get your H1B extension approved, they can travel back using your lastest H1B approval notice. They may get their I-94 only till their visa expiry date. So fi your petition is valid for longer than their current H4 visa, then they can get their H4 visas stamped again so that their I-94s issued at the POE will match your petition expiry date.

2) will their visa valid still ?
>>> Yes.

Is this 8 days out of status for H4 causes any issue at "port of entry".
>>> That is not out of status. That is illegal stay. When they appear for visa interview in the future, they need to mention YES to the question "Have you ever violated the visa staus while in U.S" and provide appropriate justification. It is then up to the VO to deceide whether to issue the visa or not.

[yesmani]

Thanks Shrevin for your time & response.

As their visa is still valid , would it be good to ask them come early before when my case is in-progress ?

Also , do I have to preapre/collect any forms, justification letter ( I read in some threads about nunc pro tunc, but unaware of what it is & how to do ) before they appear any visa stamping or at port of entry ?

[shervin143]

As their visa is still valid , would it be good to ask them come early before when my case is in-progress ?
>>> They need a copy of your I-797 to show at the POE. So they cannot travel back until you get your H1B petition approved.

Also , do I have to preapre/collect any forms, justification letter ( I read in some threads about nunc pro tunc, but unaware of what it is & how to do ) before they appear any visa stamping or at port of entry ?
>>> No. NPT is filed with USCIS. Since they are no longer in U.S, you cannot file it.

[yesmani]

Thanks a lot this helps ..

[yesmani]

May I use 'DROP BOX' option for stamping. My employer is suggesting this as they meet the criteria. But I noticed thy should appear in-person if there is any violation or overstay while filling DS160 .

Not sure to chose drop box ?