H4 Expired > 180Days - Applied for Extension. Any such cases??

sunilmiriyala

Registered Users (C)
Hi
My H4's I-94 got expired in 13May and I recently got to know that I should have extended before expired even the H4's. So filed for extension thru premium. I wanted to see, if any one had similar exp and how about the results and process you guys had followed.

Process you guys had followed up on ur lawyers advice?
Result, in this particular case more than 180days?
What if, failed to renew - how about the next steps?
ANy know consequences?

Any help in this will be of great help to me
 
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H4 Expired - Renewd

Hi Guys
Luckly we got our H4 renewd when we filed I-539 (Nunc Pro Tunc) along with my I-129 under Premium.
I-539
I-129
Affidavit are required to file for Nunc-Pro-Tunc. FOr affidavit - check with lawyer - its the most imp thing so go thru lawyer - not by just peers

Thanks
sunil
 
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My wife is under similar situation but I couldn't file premium because I can't change employers now. My wife's case is pending. Affidavits and all the supporting docs were submitted. Do you know if USCIS grants nunc pro tunc approvals or its a rarity?
 
Just an update for someone else who is researching on this issue. I got my wife's retroactive approval and it is such a relief. One of the things I struggled with was the lack of information on this matter and I think it is my responsibility to help others now who are in the same situation. I searched and searched for hours to get information on this matter.........

Any ways, if you find out that the H4 extention was not filed timely, you need to first calculate the no of days. If it is less than 180 days, you can leave the country and re-apply for stamping in your home country without the fear of a bar. If it is more than 180 days but less than a year, you SHOULD NOT LEAVE. Leaving means triggering a 3 year bar from reentry. In this situation your only option is to apply for a retroactive approval also called a nunc pro tunc. Gather all the evidences, extra ordinary circumstances, hospitalizations etc. Also, if it was your employer's or attorney's fault, get a letter from them saying that it was their mistake. File for an extension ASAP and hope for the best. Retroactive approvals are discretionary.....even if you get denied and you have a strong case, you can file a MTR or an appeal. It is not the end of the world.

Contact your local COngress representative and ask him/her to help. In my case, I got help from my local congressman and a letter from my employer saying that they can not offord to loose me.

Also, get a good attorney has has handled several such cases. These cases are different and difficult, so your attorney has to be good.

Hope this helps those on similar situations.
 
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