My wife and kid had H4 visa from July 2015 to July 2018. Later I filed H1 amendment ( h4 extensions also) in July 2016 and got approval till July 2019 . We all three have valid I797s till July 2019.
Later my wife and kid travelled to india in Dec 2017 and returned in Jan 2018 but they forgot to show latest I797 so they got new i-94 till their visa date which was till July 2018.
I was not aware that newly issued i-94 have more priority than I797.
Recently we are about to file H1 and H4 extensions and my attorney told , my wife and kid are out of status from July 2018.
Attorney suggested 3 options to fix.
- Reach CBP deferred inspection office for correction ?
We reached out to CBP for correction ,they said they won’t fix it as its already late.
- Apply H1b extension and Nunc Pro Tunc(NPT) H4 extension with USCIS .
H1B Approval came but waiting for biometrics and result( my guess is NPT result will not come by Jul 2019).
- Go to India and apply for US VISA.
As we are getting closer to 1 year after I-94 expiry , is it good idea to go for stamping or wait for NPT result ?
If you suggest to go for Visa .
a) Am i eligible to go for stamping to canada or should i go to home country ?
a) Does visa officer know about my out of status issue ?
b) Am i eligible for Dropbox(because my existing visa was expired in july 2018 which is within 1 year) ?
c) What are the chances of H4 successful stamping ?
d) if Stamping is done successfully ,will there be any issues at port of entry ?
e) If stamping is not done , will i get ban for 3 years because they are out of status for more than 180 days ?
If you suggest to wait for H4 nunc pro tunc result , what are the success chances for NPT ?
( My worry is if by any chance H4 NPT extension denied and we go to india after 1 year , there is chance for 10 year ban which worst than 3 year ban )
please suggest . Thanks in advance.