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H4 overstay 13 months!

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  • H4 overstay 13 months!

    Hello All,

    There is an H4 RFE asking for the extraordinary circumstances for the delay in applying H4 extension after it got expired 13 months back.The mess has been created by employer.
    Contacte Attorney and has suggested for Non Pro trunc and not to lave the country for my wife and kid which will result in 10 yrs ban.
    My questions!
    1. Can she leave USA and attend H4 visa stamping after H4 RFE is approved her ein USA?
    2.How does the 10 yrs ban trigger while leaving the country..does this get updated automatically in the system when the departure date is provided?
    I am searching for answers on this issue if any one could share their experiences from past.
    Please guide and provide info by any one who can..I appreicate your responses.

    I have contacted the attorney alreadyand the response will be prepared starting tommorow and will keep updated in this forum but still i am searching for more info.
    Regards,
    Sri

  • #2
    Originally posted by watch123456 View Post
    Hello All,

    There is an H4 RFE asking for the extraordinary circumstances for the delay in applying H4 extension after it got expired 13 months back.The mess has been created by employer.
    Contacte Attorney and has suggested for Non Pro trunc and not to lave the country for my wife and kid which will result in 10 yrs ban.
    My questions!
    1. Can she leave USA and attend H4 visa stamping after H4 RFE is approved her ein USA?
    2.How does the 10 yrs ban trigger while leaving the country..does this get updated automatically in the system when the departure date is provided?
    I am searching for answers on this issue if any one could share their experiences from past.
    Please guide and provide info by any one who can..I appreicate your responses.

    I have contacted the attorney alreadyand the response will be prepared starting tommorow and will keep updated in this forum but still i am searching for more info.
    Regards,
    Sri
    What I have heard about the departure records is that it will be tracked based on the I-94 returned before leaving the country. That's all I can answer now. Wish you a good luck.

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    • #3
      Thank you for the response.
      My attorney is in the process of preparing the document and he has advised not to leave the country until this gets resolved.
      But due to prior commitments, my wife will be travelling to India and will attend consulate if the H4 RFE is approved here.
      Will keep updating the post whenever possible...as this is time consuming process..
      Thanks all for the support...if anyone had previous experience ..i still request to post their views...
      Sri

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