H4 Denied with out of status

I have filed h1 extension along with my spouse H4 extension
My h1 got approved but H4 got denied on nov25 th 2020 with the reason of not showing up for bio
Metric(actually the biometric appointment got returned to uscis)
After denied 2 months later we got the bio metric appointment and attended when we raise SR with USCiS in this we got the reply like the second bio metric rescheduled by mistake
Now we are almost 170 days passed after denied but we could able to travel to india die COVID as we glare having 5 month old baby and OCI application also still in progress
Could you please help on this is there any possibility to apply waiver to avoid 3/10 year bar due to unlawful stay ? Please help on this with your suggestion

You should have submitted MTR immediately after the H4 was denied.

At this point you need to hire an attorney and follow their advice.

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