I94 extension for H4 denied after missing biometric appointment

Week back (16th April) USCIS sent me a letter which says
“Your i94 extension for h4 is denied because you missed the briometric screening which was on 10th Nov 2019.
And your visa has expired on 31st Dec 2019 so you have to leave US within 33 days. And if you leave after 180 days ,then there might to 3 or 10 yrs ban.”

I didn’t receive any notice or letter from either USCIS or attorney about the biometric screening. I was not aware of it.

H1B and H4 Applied in October 2019.
My husband’s h1B is approved till 31st March 2021.

Attorney has again filed i 539 form to extend my and 2 yr old daughter’s i94 under Nunc Pro Tunc(NPT). But still advised to leave US within 27th June 2020 if it is not adjusted.

I don’t want to take risk and travel with my 2 yr old due to current situation (Covid-2019).
Does USCIS forcefully deport us if we stay post 27th june?
What are my options? Please suggest

USCIS will not forcefully deport you but you may be denied an entry next time you enter.

As your attorney has correctly said, the law has automatic 3 year entry ban if you leave after 180 days. They may or may not apply this ban based on how your case is.

Thank you Anil Gupta for the response.

Is there any chance that USCIS consider my new i539 form to extend i94 under NPT and approve it if I choose to stay?

I know that USCIS will resume biometric appointments only after 4th June.

You can file i539 with NPT option but you do not have much time to wait for its result anyway.

USCIS may or may not approve it.

If they approve, everything will be hunky dory. But, if they deny, you would have already spent more than 180 days in ‘Unlawful presence’.

Some people have got success. You can read here:

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Thank you for the information :pray:

My I 94 expired on june 2019. My h4 extension got denied on jan 2020. We reapplied h4 extension on march 2020. Can I stay since I reapplied again ? Or I have to leave after 180 days ( july 2020)
Can I stay in USA since I have my second h4 petition still pending ?

Please read the above discussion.