Applying for H-4 stamping after I-94 expiry

[Kunal_Katdare]

Hi @Kumar and everyone here on this forum,
I’m on H1B, my wife is on H-4 and our visa stamping was valid until Dec 1, 2022 (i-94 date).
My company filed for my H1B extension 3 months before this date and was approved on Jan 22, 2023.
So on Jan 22, 2022, I filed an H4 extension for my wife because I had the approved I-797 but it completely missed out of my mind that I had to file her extension PRIOR to the I-94 expiry date which was Dec 1, 2022. I still filed her H4 extension with USCIS, which is currently in process (receipt date Jan 22, 2023).
Now we are going to India for visa stamping (slot booked for April 20, 2023). Will there be any issues? On DS-160, should I mention the overstay? Or will it draw unnecessary attention?

Any feedback/advice would be greatly appreciated. Thank you!

[Kalpesh_Dalwadi]

@Kunal_Katdare

I still filed her H4 extension with USCIS, which is currently in process (receipt date Jan 22, 2023).

If missed to file before I-94 expiry, you can file extension with NPT. Consult a lawyer unless you intend to go out for visa stamping.

@Kunal_Katdare

Now we are going to India for visa stamping (slot booked for April 20, 2023). Will there be any issues? On DS-160, should I mention the overstay? Or will it draw unnecessary attention?

Overstay should be mentioned for sure as it is a fact. Even if you dont mention, they will have your I-94 and departure record and will know she overstayed so better not to hide or lie.