My wife I94 Expired. Applying for H4 Extension with NPT

Hi Friends,
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

  1. What do you think are the chances of getting H4 Approved with NPT?
  2. 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.

Regards
Ajith


Check the above post @aka457

Also please let me know what attorneys has informed as your wife’s i-94; expiry had crossed 365 days.
Did your attorney suggested to stay or travel immediately

My attorneys told us that she cannot travel.

What i understood is its OK to travel as long as its not crossed 180 days being out of status.

Thanks for your response,
Is it fine to stay after 180 days? Since I have filed extension after 2 months of i-94 expiry and not sure if I will be getting any updates before 180 days, since currently H4 extension is taking more time due to current covid situation.

Please let me know if you have any details on it. As I couldn’t get any clear updates from attorney and my employer doesn’t support for H4 extension.

Thanks,
Pradeep

Hi @Pradeep12

You should not stay beyond 180 days in the US after i94 as you may get a 3 year ban if you do.