Hello Anil Sir,
My H1 is valid until Jul 2021 and my wife+1st kid (H4 Visa) I94 expired last year April 2020. Nov 2020 H4 NPT is applied and Biometric is also completed.
My doubts -
If my family goes to India in April 2021 (before 365+ days of I94 expiry) then can they be back in the US with a new H4 visa stamp while the H4 NPT decision is Pending? Or do they have to wait in India until their H4 NPT decision comes. Currently, the USCIS site showing 15+ months for H4 extension approval, does that mean my family has to stay outside the US until they get H4 NPT approval?
My Attorney said that it is fine if my family stays here after 365 but I am confused about what will happen to their Status after July 2021 (until my H1 validity). In March 2021 my current company will apply for my H1 extension, should I apply for another H4 extension while another H4 NPT is in process.
What will happen if the second H4 extension (if applied along with my H1 extension) get denied based on their unlawful presence?
Thanks in Advance.