H4 visa extension when i94 already expired

[neeraj_bhatt]

Hi,

I wife’s i94 expired on 27th March 2021. Her H4 visa is valid till April 2022. She got the H4 vis from India.
Her i94 validity was cut short because of passport expiry in March 2021. We renewed the passport IN USA a month before expiry but never notices i94 validity (lack of knowledge). Now it’s already past 180 days.
I am changing job and new company is filing for my H1 transfer and H4 extension (wife + kid) in premium. They are filing H4 with NPT for my wife. Is that the right step or she should travel to India and apply for visa from there. Need some suggestions/advice.
She is in USA for around 7 months after expiry of i94

Thanks

[Kalpesh_Dalwadi]

@neeraj_bhatt

They are filing H4 with NPT for my wife. Is that the right step or she should travel to India and apply for visa from there. Need some suggestions/advice.
She is in USA for around 7 months after expiry of i94

Due to the fact that she overstayed for more than 180 days already, it is more advisable to travel outside and get visa stamped. That said, you should consult with your immigration lawyer and follow their advice.