When my husband’s employer extended his H1B status, they did not apply to also extend my H-4 status. I didn’t realize this until after my I-94 had expired. We hired a lawyer to file a nunc pro tunc, but 8 months later, the request was denied. What should I do now?

Answer

Let’s take this opportunity to remind everyone that H-4s are not automatically extended with the H1B filing! Also, if the error was discovered before you accumulated 180 days of unlawful presence, it typically would be very bad advice to simply file an NPT, wait, and hope for an approval. Now that so much time has passed, you would likely be subject to a 3- or 10-year bar upon leaving the U.S. I recommend you schedule a consultation with one of our attorneys. Sometimes, we can refile the NPT and get a better result. Otherwise, if it can’t be fixed in the U.S., there may be no choice but to leave and then apply for a 212(d)(3) nonimmigrant waiver to the 3- or 10-year bar. (23.May.2016)

In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.

Access more FAQs here.

 

Copyright © 2016, MURTHY LAW FIRM. All Rights Reserved

Tags:
,


Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.