Expired I-94 but valid H4 Visa stamped on passport

kumar_vijay7

New Member
Hi,

I got into this situation due to some confusion and looking for help. My wife had I-94 issued until Aug 11, 2018 since her passport was expiring on the same date. She got her passport renewed but forgot about the I-94 expiration. She over stayed for 17 days from Aug 11 until Aug 28, 2018. When she realized her mistake, she immediately left to India on the night of Aug 28, 2018. Now she has valid H4 visa stamped on her old passport until Feb 19, 2019. Can she enter into United States on her valid H4 visa stamped on old passport OR she has to got to US consulate in India to get new H4 visa stamping?

Any help is appreciated.

Thanks
 

newacct

Well-Known Member
Hi,

I got into this situation due to some confusion and looking for help. My wife had I-94 issued until Aug 11, 2018 since her passport was expiring on the same date. She got her passport renewed but forgot about the I-94 expiration. She over stayed for 17 days from Aug 11 until Aug 28, 2018. When she realized her mistake, she immediately left to India on the night of Aug 28, 2018. Now she has valid H4 visa stamped on her old passport until Feb 19, 2019. Can she enter into United States on her valid H4 visa stamped on old passport OR she has to got to US consulate in India to get new H4 visa stamping?

Any help is appreciated.

Thanks
She has to get a new visa. Under INA 222(g), by staying past the date on her I-94, the visa she used to enter the US automatically became void, and she can only apply for US visas in her country of nationality from now on.
 

kumar_vijay7

New Member
Thanks so much for your quick help with this. I am booking her visa appointment with US consulate in India. The US consulate website is asking questions like below:

1. Do you have a previous H4 visa (spouse/child of a temporary occupation, temporary worker or trainee applicant)?
2. Is your prior H4 visa (spouse/child of a temporary occupation, temporary worker or trainee applicant) still valid?

Should I answer these questions as "YES" since she still have H4 visa stamped on her passport valid until Feb 2019. We don't know whether it is cancelled or not.

Thanks

She has to get a new visa. Under INA 222(g), by staying past the date on her I-94, the visa she used to enter the US automatically became void, and she can only apply for US visas in her country of nationality from now on.
 

newacct

Well-Known Member
Thanks so much for your quick help with this. I am booking her visa appointment with US consulate in India. The US consulate website is asking questions like below:

1. Do you have a previous H4 visa (spouse/child of a temporary occupation, temporary worker or trainee applicant)?
2. Is your prior H4 visa (spouse/child of a temporary occupation, temporary worker or trainee applicant) still valid?

Should I answer these questions as "YES" since she still have H4 visa stamped on her passport valid until Feb 2019. We don't know whether it is cancelled or not.

Thanks
I would say that the visa is not valid. It doesn't have to be "cancelled" -- it is automatically "void" by operation of law.
 

kumar_vijay7

New Member
I would say that the visa is not valid. It doesn't have to be "cancelled" -- it is automatically "void" by operation of law.

Thanks you very much. Really appreciate your help with this. When she goes for her visa interview, what can she expect due to this situation (overstay of 17 days due to I-94 expired and passport renewal)? Will she get any issues in her H4 stamping due to this? How can she best prepare for the best course of action and getting her H4 visa stamped successfully?

Thanks
 

kumar_vijay7

New Member
Thanks for the clarification. I really appreciate your help with this. She went for visa stamping again and everything sorted out. Here is my experience and summary of issue that we encountered in case somebody is in similar situation:

1. My wife I-94 was issued until Aug 11, 2018 since her passport was expiring on the same date. However she had valid H4 visa stamped on her passport until Feb 19, 2019.
2. We renewed her passport but forgot about the I-94. As a result, she overstayed for 17 days. However she left the country as soon as realized this mistake.
3. She went to India and applied for H4 visa using dropbox on Sep 6, 2018. She got her H4 visa issued on Sep 11, 2018

I think if we follow the process and clearly specify in DS-160 what happened while booking the visa appointment, we should not face any issues.

Thanks
 
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