Jump to content
agar02

Passport expiring...need H4 stamping

By agar02 in Work Visas

 Share

16 posts in this topic

Recommended Posts

agar02 Newbie

agar02   0

Posted
Filed: Timeline
Posted

Hi,

I am on H4 visa which was expiring on 8th Aug 16 and my husband H1B visa was expiring a month later on 7th Sept 16. My husband employer filed an H1B extension for my husband which reached USCIS on 5th Sept. But they missed to file for my H4 extension. When I got to know about it, I filed my H4 extension on my own which reached overnight to USCIS on 9th Aug. I included an apology letter with the reason of delay in my H4 filing. Now, since my application reached one day after my visa expiry, USCIS can still reject my visa application.

Do I need to leave the country if my visa extension gets denied? If so, can I reapply the for my H4 visa from my home country and come back to US?

Also, I have a fresh H1B application in progress with USCIS. Will my H4 visa impact my H1b application also?

Link to comment
Share on other sites
  • 2 weeks later...
randomstairs Community Regular

randomstairs   303

Posted
Filed: Citizen (apr) Timeline
Posted

If your extension gets denied AND your I-94 date expires then you have to leave the country. Your H4 should not affect your H-1B application.

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

Link to comment
Share on other sites
agar02 Newbie

agar02   0

Posted
Filed: Timeline
  • Author
Posted

If your extension gets denied AND your I-94 date expires then you have to leave the country. Your H4 should not affect your H-1B application.

Yes my I94 is expiring the same date as my visa 8th Aug. Once I recieve the rejection from USCIS how soon do I need to leave the country?

Also, will I not be illegal immigrant from 9th Aug till the date I recieve my visa rejection. In this case, will USA allow me to reenter the country looking at my illegal stay?

Link to comment
Share on other sites
randomstairs Community Regular

randomstairs   303

Posted
Filed: Citizen (apr) Timeline
Posted

Yes my I94 is expiring the same date as my visa 8th Aug. Once I recieve the rejection from USCIS how soon do I need to leave the country?

Also, will I not be illegal immigrant from 9th Aug till the date I recieve my visa rejection. In this case, will USA allow me to reenter the country looking at my illegal stay?

Yes, in this case you will be unlawfully present after the date on your I-94. Depending on the reasons for denial you may then consider filing again right away or leave the country before you accumulate 180 days (that's when the 3-year bar kicks in). You can later enter with H-1B or another type of a visa that allows dual intent. Your unlawful stay will likely be "forgiven" if you enter on work or family based visas. You probably won't be able to enter on a visitor visa ever again.

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

Link to comment
Share on other sites
agar02 Newbie

agar02   0

Posted
Filed: Timeline
  • Author
Posted

Yes, in this case you will be unlawfully present after the date on your I-94. Depending on the reasons for denial you may then consider filing again right away or leave the country before you accumulate 180 days (that's when the 3-year bar kicks in). You can later enter with H-1B or another type of a visa that allows dual intent. Your unlawful stay will likely be "forgiven" if you enter on work or family based visas. You probably won't be able to enter on a visitor visa ever again.

Thank u so much. I have one more question...If I leave the country while my H4 is still in progress and try to re-enter on H1B visa. Is there any harm in doing so?

I am really worried I will have to leave the country immediately after I receive the rejection.

Link to comment
Share on other sites
randomstairs Community Regular

randomstairs   303

Posted
Filed: Citizen (apr) Timeline
Posted

Thank u so much. I have one more question...If I leave the country while my H4 is still in progress and try to re-enter on H1B visa. Is there any harm in doing so?

I am really worried I will have to leave the country immediately after I receive the rejection.

You can re-enter on valid H1B, yes. But aren't you saying that your H1B is not yet approved? if it gets approved while you're abroad, I think you should be fine entering the country with the new visa stamp. On the other hand traveling during H4 or H1B extension is not recommended as it could result in case being abandoned. Since your I-94 is already expired (right?) I see no point in leaving the country now because you have already started to accumulate unlawful presence. You should definitely leave before you reach 180 days though.

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

Link to comment
Share on other sites
  • 2 weeks later...
agar02 Newbie

agar02   0

Posted
Filed: Timeline
  • Author
Posted

You can re-enter on valid H1B, yes. But aren't you saying that your H1B is not yet approved? if it gets approved while you're abroad, I think you should be fine entering the country with the new visa stamp. On the other hand traveling during H4 or H1B extension is not recommended as it could result in case being abandoned. Since your I-94 is already expired (right?) I see no point in leaving the country now because you have already started to accumulate unlawful presence. You should definitely leave before you reach 180 days though.

Thank u so much for ur post. I think I will wait for my H1B to get approval before leaving the country. My H4 visa will take atleast 4 months to get a decision as per the current processing timelines on USCIS website. If I wait for my H4 approval, I might overstay 180 days limit.

Once I leave the country my H4 visa extension will get abandoned, but I think that should not be an issue if I re-enter on H1B visa. I should not be out of status or illegal immigrant bcz of my H4 getting abandoned. Is that right?

Link to comment
Share on other sites
  • 2 weeks later...
vinu02 Newbie

vinu02   0

Posted
Filed: H-1B Visa Timeline
Posted

Thank u so much for ur post. I think I will wait for my H1B to get approval before leaving the country. My H4 visa will take atleast 4 months to get a decision as per the current processing timelines on USCIS website. If I wait for my H4 approval, I might overstay 180 days limit.

Once I leave the country my H4 visa extension will get abandoned, but I think that should not be an issue if I re-enter on H1B visa. I should not be out of status or illegal immigrant bcz of my H4 getting abandoned. Is that right?

You shouldnt be worried. You and your husband are eligible for interview waiver program all you need is approved I 797 A or B. If its 797A you need not worry. You will receive RFE for late filing. Don't listen to forum member who don't have experience most of them have no idea about real visa processing.

Link to comment
Share on other sites
jan22 Experienced

jan22   3,056

Posted
Filed: Timeline
Posted

You shouldnt be worried. You and your husband are eligible for interview waiver program all you need is approved I 797 A or B. If its 797A you need not worry. You will receive RFE for late filing. Don't listen to forum member who don't have experience most of them have no idea about real visa processing.

She may or may not qualify for the interview waiver -- depends on a couple of things, beginning with her country of nationality. Each country sets the process for the program and have slightly different procedures. More importantly, even if she qualifies for the interview waiver, she will likely be called in for an interview because she overstayed her H4 status and the officer will have questions about it. Doesn't mean she won't be issued the new visa (whether it's an H1 or H4) -- just means she will have to be interviewed. The longer she overstays in the US, the more questions there might be.

Link to comment
Share on other sites
KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

She may or may not qualify for the interview waiver -- depends on a couple of things, beginning with her country of nationality.

India..??

Don't listen to forum member who don't have experience most of them have no idea about real visa processing.

Your approval after an overstay status doesn't necessarily mean others would too. ..real visa processing.. lmao

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

Link to comment
Share on other sites
vinu02 Newbie

vinu02   0

Posted
Filed: H-1B Visa Timeline
Posted

She may or may not qualify for the interview waiver -- depends on a couple of things, beginning with her country of nationality. Each country sets the process for the program and have slightly different procedures. More importantly, even if she qualifies for the interview waiver, she will likely be called in for an interview because she overstayed her H4 status and the officer will have questions about it. Doesn't mean she won't be issued the new visa (whether it's an H1 or H4) -- just means she will have to be interviewed. The longer she overstays in the US, the more questions there might be.

Interview waiver only looks for visa expiry within 1 year, nothing to do with overstay. Usually they pardon overstay of less then 180 days on H visa. I know people who overstayed more then 150+ day and yet there was no interview and they are back with visa stamp.

Link to comment
Share on other sites
jan22 Experienced

jan22   3,056

Posted
Filed: Timeline
Posted

Interview waiver only looks for visa expiry within 1 year, nothing to do with overstay. Usually they pardon overstay of less then 180 days on H visa. I know people who overstayed more then 150+ day and yet there was no interview and they are back with visa stamp.

The first sentence is completely inaccurate. In most countries you can qualify to use the interview waiver program if your visa expired within the last year. Qualifying to use that program, however, does not mean the visa is automatically granted (although it usually is, for those who have used their visa responsibly). The case will still be adjudicated by a consular officer.

If the DS-160 is completed accurately, a person with an overstay is likely to be called in for an interview EVEN IF they submitted the application via the interview waiver program, which is why I said she should be prepared to explain it. Whether it results in an ineligibility will be determined by the specifics of her case.

Link to comment
Share on other sites
  • 4 months later...
agar02 Newbie

agar02   0

Posted
Filed: Timeline
  • Author
Posted

Hi,

My current Indian passport is expiring in Nov 2017. I have got my H4 visa extension till Aug 2018. I am travelling to India in the month of March and coming back on June 1 to USA. I need to get my H4 stamped before coming back. 

Can I go for H4 visa stamping in my old passport? In this case will I get H4 visa stamped till my passport expiry date or till my I94 approval date. 

Link to comment
Share on other sites
agar02 Newbie

agar02   0

Posted
Filed: Timeline
  • Author
Posted

Hi,

My current Indian passport is expiring in Nov 2017. I have got my H4 visa extension till Aug 2018. I am travelling to India in the month of March and coming back on June 1 to USA. I need to get my H4 stamped before coming back. 

Can I go for H4 visa stamping in my old passport? In this case will I get H4 visa stamped till my passport expiry date or till my I94 approval date. 

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...