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H4 Out Of Status - Pls assist

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  • H4 Out Of Status - Pls assist

    My wife's H4 extension was not applied by hindsight by my employer.This was found only when my H1 approvel petition arrvied.

    I have asked my wife to go back to India for stamping.
    But by the time she left US, she had stayed in the US 3 weeks after her I94 had expired.

    The DS156 has a question :
    Have you ever violated the terms of your US Visa or unlawfully stayed in the US. ( Yes / No).

    Pls advice which category she has to fill in. If you can offer any advice , it will be great.


  • #2
    Yes and carry proof of H1b approval and she leaving immediately after finding out the error. Get a letter from the company/Lawyer about it. Carry the ticket and boarding pass to show she left immediately upon finding out the error.

    As it is 3 weeks of stay past I-94, there is no automatic ban. And the reason can be explained clearly to the VO. The VO will most likely issue the visa without problems.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.