Below are the details of my wife situation.
My wife has been on H4 from 2009. I am on H1 all the time and maintaining correct status. Our last Extension from USCIS came on 03/2018. We got it for 3 years until 03/2021. Both of us got our Visa stamped also until 03/2021. My wife went to india and came back in July 2018. That is when the CBP officer gave her I94 until July 2019 as that is the passport expiry date. We didnt realize about it until last few days. We informed our attorney. They tried working with CBP Officers , but they are not willing to update as its been more than year. Now my attorneys are going to file my H1 Extension ( In Premium), H4 Extension with NPT Application.
Couple of Questions I have
- What do you think are the chances of getting H4 Approved with NPT?
- If USCIS rejects H4, can she go to India and go for H4 Visa based on my extension approval?
Please provide any suggestions you have.