File for H4 not sure i94 expired or exceed 180days

Hi,

My OPT got expired on july 20th and i got cap gap till sept 30th and on oct 1st i got email as my sevis has terminated and my H1 was approved which was effective from oct 1st but i have file for h4 for my husband recently my file has been delivered to USCIS and am waiting for receipt . But i am not sure whether my husband has exceed 180 days?
Should i file for NPT supplement or should wait for RFE?

Please anyone can help with any opinion?

Hi Anil,

Could you please me with your response

I don’t understand your situation.

Can you please write it clearly in points?

Hi Anil,

Firstly the H4 filing we did is for COS .So,My OPT was expired on july 20th and we had a gap till sept 30th because my H1b was effective from October 1st.On October 1st my sevis has been terminated because of my H1.I had oct and nov to file for H4 but somehow i missed it and file in December currently my file is delivered to USCIS we are waiting for receipt.My attorney mentioned that will do NPT supplement once we received an receipt number.
1.Do you think we are in a major risk?
2.Is my husband i94 is expired based on the scenario?
3 Did he completed 180 days?
4.we have consult to one other attorney too he mention you guys are fine as you have already sent the file before you complete 180 days?
5.The second attorney also suggested not to file NPT just wait for an RFE but my attorney who did filing said we are doing supplement because we should not get denied without RFE not sure who is right in this case
6.Not sure what are the chance of NPT approval

Could you please help me? The things are killing me with the pressure and tension.

I think NPT filing is a good option.

But we are filing before completing 180 days we are fine right??