Hi, I am on H4 visa and my husband recently got his H1b extension and got approved till May 2024, but myself and my kids h4 visa got rejected and our i94 got expired on May 13th. Our attorney says that our h4 got rejected because I signed my daughters I539 form which is suppose to be signed by my daughter, because right now my daughters age is 15 . We were not aware of this before and now we are in unlawful presence in US. What is the best way to go further . Can we reapply for H4 extension or can we take a risk going back to India for stamping. How risk is to stay in unlawful presence. We are worried.
Your attorney should have filed a motion to reopen/reconsider (MTR) as soon as they got rejection notice.
You should follow your attorney’s guidance on your options.