H4 approval Chances after late filing - nunc pro tunc?


I need some advice on an issue am facing with regards to my spouse and child’s H4 change of status application. Below is the timeline of events.

  1. I am in USA on an O1 visa. My company filed for my H1B in April 2019 and my application was selected in the lottery.
  2. Subsequently they filed change of status application for my spouse and child (2 applicants) on 19th September 2019.
  3. My H1B was approved on 23 September 2019.
  4. My spouses and childs H4 application was returned to us on 4th October 2019 because of the following reason:
  • Appropriate fees not paid for the number of applicants.
  • USCIS thought that the application was for my wife and 2 children, while I have only 1 child.
  • They listed the name of my child twice on the rejection letter stating that there were 3 applicants.
  • I don’t know if this is an USCIS error or an error on the part of my lawyers who filed the application.
  1. We refiled the application on 10th October 2019 with a cover letter stating that there are only 2 dependents (1 spouse and 1 child).
  2. USCIS rejected this application on 16th October 2019 for the following reasons:
  • Signature page missing on form I-539A
  • My lawyers claim that the signature page was present in the sent application, but since the application was printed 2 sided USCIS missed scanning the 2nd page.
  1. We filed the change of status application for the 3rd time on 24 October 2019 which was finally accepted for processing by USCIS.

Given this background my question is the following:
Since the change of status application was finally accepted by USCIS after October 1st what are the changes that this application will get approved?

It is hard to say…There is an option called nunc pro tunc, which is basically asking that it was honest mistake and request USCIS to continue with the case…not sure, if your attorney used this option…
As the error is really genuine, it can be fine and USCIS may approve them…As they have accepted it, it is positive sign…All you can do is wait…
If you want to avoid all the uncertainty, I suggest you send your spouse and kids to travel out of the country and get stamping done…usually H4 stampings are pretty easy and no complications…Again, I suggest you discuss with your employer and attorney on this and then take the call.
Do update your status, once you hear back on your case here for community benefit.