I have forgot to apply h4 extension for my wife (i94 expired on Feb-22-2019) and accrued unlawful presence of 8 months due lack of immigration knowledge myself and my employer filed only my H1B extension and did not give information about it. I heard she is already trigger 3 year bar as she crossed more than 180 days. Just came to know about this 2 days back. We had 6 moths old baby (US citizen).
What is the best way to reinstate the status for my wife.
- Does she has to go to home country and go for stamping by explaining the circumstances about missed to file
- Does NPT works to reinstate the status back, but I heard the this request processing take at-least 5months and it hard to get approve.
- What if her H4 extension denied in home country and bar for some X years then what are the next step to get back to US legally
Can you suggest to get out of this situation.