H4 denied while AOS is pending

Hello,
Applied for my wife’s H4 extension in March 2020. Filed AOS along with 485 EAD and AP in November 2020 (status is pending all three application, receipts received). H4 got denied on 19th April 2021 due to missing biometric appointment.

  1. Is my wife still considered in AOS pending legal status and do not accure illegal presence?
  2. Can I reapply her H4?
  3. Is NPT necessary or simply reapply H4?
  4. Is it simple letter for NPT or is there a USCIS form to fill along with I539?
    Thanks.

It depends om H4 i94 status. Is it already expired?

Hi Anil,
Thanks for taking time to reply.
H4 renewal applied in April 2020, H4 i94 expired in September 2020, H4 denial notice received on 19th April 2021
485 receipt date is 13 Feb 2021 (filed in Nov 2020 with a EB2 to EB3 downgrade)
My understanding is the gap between H4 expiry and pending 485 receipt date should be covered by the pending H4 extension, right? And currently she is in AOS pending status so after H4 denial she is still in legal status?
If above is true, can I reapply for H4 and whether NPT is needed.
Fyi, Me or my attorney still haven’t received the denial notice.

Thanks,
Kalpesh.