hi
I forgot to apply for H4 Extension for my Family
My Spouse and kid I94 is expired on Sep 30 2016
(4 and half months before - already accrued 130 days of unlawful presence)
I have valid H1B/I94 till Mar 2019
I discussed with known sources (soon will discuss with attorney)
As you all know, nunc pro tunc filing can be done with back dated application (reason to say "Forgot to file H4 Extension" with notarized affidavit, with other necessary explanation)
Questions - whether to go with Option1 or Option2:
1) since already 130 days passed (180 is the MAJOR problem) - filing I539 with NPT and get the receipt before 180 days - and continue to stay?
the decision will surely come after 5 months or so , which case my spouse will cross that 180 Days even though have the filing receipt in hand
so is the filing receipt of I-539 with NPT, is this enough to continue stay even though cross 180 days?
Because USCIS may approve the back dated I-94 , or approve from the date of filing which would be on the 130th day.
2) Traveling to India back before 180 days (or even before that) - and get H4 stamping and return to US ?
Traveling itself is not a problem, but will there be any questions during visa stamping - if so what kind of questions
Just we Forgot to apply for the H4 extension, it's my mistake - but how do we truthfully explain the situation during visa stamping especially my spouse and kid go alone for the visa stamping
Thanks,
by the way, I know it's unlawful presence and i know all the consequences like denial, I94 date on the date of approval, 3 year bar, 10 year bar etc -
so I would greatly appreciate if you could tell me answers for my questions directly,
I forgot to apply for H4 Extension for my Family
My Spouse and kid I94 is expired on Sep 30 2016
(4 and half months before - already accrued 130 days of unlawful presence)
I have valid H1B/I94 till Mar 2019
I discussed with known sources (soon will discuss with attorney)
As you all know, nunc pro tunc filing can be done with back dated application (reason to say "Forgot to file H4 Extension" with notarized affidavit, with other necessary explanation)
Questions - whether to go with Option1 or Option2:
1) since already 130 days passed (180 is the MAJOR problem) - filing I539 with NPT and get the receipt before 180 days - and continue to stay?
the decision will surely come after 5 months or so , which case my spouse will cross that 180 Days even though have the filing receipt in hand
so is the filing receipt of I-539 with NPT, is this enough to continue stay even though cross 180 days?
Because USCIS may approve the back dated I-94 , or approve from the date of filing which would be on the 130th day.
2) Traveling to India back before 180 days (or even before that) - and get H4 stamping and return to US ?
Traveling itself is not a problem, but will there be any questions during visa stamping - if so what kind of questions
Just we Forgot to apply for the H4 extension, it's my mistake - but how do we truthfully explain the situation during visa stamping especially my spouse and kid go alone for the visa stamping
Thanks,
by the way, I know it's unlawful presence and i know all the consequences like denial, I94 date on the date of approval, 3 year bar, 10 year bar etc -
so I would greatly appreciate if you could tell me answers for my questions directly,
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