Applying for H-4 stamping after 13 days Overstay


  1. I am on H-1 B status & our(me-H1B, my wife & daughter-H4) stamping was valid till 4-Sept-16

  2. My employer filed for H-1B extension & I got it approved till 15-July-18.

  3. I realized on 14-Sept-16 that my family’s extension should have been filed separately. I was under the incorrect impression that my H-1 extension would be sufficient for them to stay. My employer said they only file H-1 extensions & not H-4

  4. My family left US on 17-Sept-16 (after 13 days of overstay).

Now I am planning to apply for their visa stamping using dropbox (using my latest I-797-valid till 2018). My questions are:

  1. Shall I mention about overstay in their DS-160? or it is too small (13 days)? Will I not be inviting unnecessary attentions to it?

  2. If I choose to mention it, what all things shall I mention? Like I-94 numbers, travel dates, apology etc?

Please help me out.



Although your family did overstay, there was no violation of 30-day grace period nor was there a violation of status. They are in valid H-4 status during your H-1 tenure whether the latter is continuing / pending extension or pending changes. A DS160 entry explaining this is not required and your family is drop box eligible.

Best wishes

Dr. Sandeep Shankar