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H4 out of status-i94 expired-us born baby-Indian entry visa

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  • H4 out of status-i94 expired-us born baby-Indian entry visa

    This is my situation:

    I have a valid visa till Sept 2019. My wife H4 status got expired on 17 Sept 2017. I did not know that I had to file an extension for her and was under impression only 1797 A of mine will be sufficient. Neither employer nor attorney told about this. We have an infant now. I came to know this today when I got a query after applying for Indian Entry visa. She already crossed 5 months odd. I am contacting legal attorney. The worst thing is getting an Indian visa for infant. Anyone in my situation?.

    1. File i 539 for H4 extension under NPT and wait for approval and this would take 3 to 5 months but no guarantee it gets approved. In case if it gets denied what would be the situation as I have an infant?

    2. It seems all Indian Entry visas required mother to prove legal status in US. Any Indian visa which doesn't not require mother legal status in US? Any tourist visa?

    3. Will it be a gud idea to go to India along with infant if he gets a tourist visa for 60 days and use the drop box for H4 stamping before 180 days as I read in this forum still they are eligible? will be carrying i 539 receipt. what are the chances of denial?
    In case if she gets stuck, baby Indian visa is valid only for 60 days. what is the situation?


    -Jay

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