"Attorney Joe:

Oh my!

I am so excited! 🥹

Now my heart is finally settled!

Big hugs, Joe! 💖

You are amazing! I cannot thank you enough!

 

Attorney Joe Jian Zhou’s Comments

The client’s son, a minor who was 17 years old, had maintained H-4 dependent status with his mother for many years. However, when the mother’s prior H-1B extension was filed, her former immigration attorney failed to include an application to extend the son’s H-4 status. Neither the mother nor the son was aware of the omission until much later.

By the time the problem was discovered, the son had been without valid H-4 status for approximately two years.

Because applying for a new H-4 visa abroad could involve additional risks and potentially interrupt the son’s studies in the United States, the mother sought legal assistance from Attorney Joe Jian Zhou.

After analyzing the applicable law and the particular facts of the case, Attorney Zhou developed a strategy involving an H-1B petition filed with premium processing together with the son’s H-4 extension application and a nunc pro tuncrequest.

The nunc pro tunc request asked USCIS, as a matter of discretion, to excuse the late filing and approve the H-4 extension retroactively as though it had been timely filed. Among the important circumstances presented were that the son was a minor, the failure to timely extend his H-4 status was not attributable to him, and the lapse resulted primarily from the prior attorney’s failure to include the dependent H-4 extension with the mother’s earlier H-1B filing.

A detailed affidavit and supporting documentation were submitted to explain the circumstances surrounding the late filing and establish the basis for favorable discretionary relief.

Based on Attorney Zhou’s practical experience, filing the H-4 application together with a premium-processed H-1B petition can, in appropriate cases, result in USCIS adjudicating the related H-4 application on an expedited timeline, even though premium processing is not independently available for an H-4 extension application.

The H-1B petition was approved within approximately 10 days. More importantly, USCIS also approved the H-4 extension with the nunc pro tunc request, resolving the approximately two-year lapse in the minor child’s H-4 status.

For the mother, the approval brought tremendous relief. For the son, it allowed him to continue his life and studies in the United States in valid H-4 status without having to leave the country to attempt to resolve the problem through visa processing abroad.

This case also illustrates an important point: a significant lapse in nonimmigrant status does not necessarily mean that there is no solution. When the late filing resulted from circumstances beyond the applicant’s control—particularly attorney error involving a minor child—a carefully documented nunc pro tunc request may provide a potential remedy, depending on the individual facts and applicable law.

Every immigration case is fact-specific. A favorable result in one case does not guarantee the same result in another case."