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Overstayed H4 - Urgent Help, please !!!

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  • Overstayed H4 - Urgent Help, please !!!

    Hi,

    My wife's visa expired almost a month back and we have overstayed a bit now. We were wondering whether we can get the H4 from here, USA, itself or she has to go back home to get it.

    I was having my L1 and it will be expiring on April 15th, and my wife was on L2. As it was maxingout/expiring, we applied for H1 thru my company last year and it got approved with a start date of March 15th. We did NOT apply for H4 for my wife. She had/has her L2 valid till Apr 15 (is it valid now?) , but my H1 start date as specified is from March 15. So is it a case of overstaying? If yes, can we apply for her H4 now, USCIS will not ask her to go back ?

    Can anyone advise us what to do, if you had this issue in the past ? Any help will be appreciated !!!

    Thanks a lot !
    Raj
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