Missed to file h4 extension and spent 180+ days in US after i94 expiry

Hi @ricky0708

NPT is the way to fix the ‘unlawful presence’ time. If approved, USCIS will fix the time spent in US and will mark it as legal.

The 3 year ban may or may not be revoked. Unfortunately, you cannot claim ignorance as the reason. You are responsible for maintenance of H4 status and not your employer.

If you go out of US and get H4 visa stamp, the time spent in US will always be counted as ‘unlawful presence’.

I suggest to talk to an attorney and then plan your next step carefully. Do not waste time on public forums and connect with an attorney immediately.
Each new day is only adding to your problem.

If her H4 extension is denied, she cannot enter US.

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