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?


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)

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