H4 Extension - Out of Status. - Options to fly or stay and apply H4 again?

USA H4 Visa
1

Hi Team,

Back in Sep 2019, my new employer’s immigration law firm has applied for my H1 transfer and My wife’s H4 extension too. My H1 transfer got approved in few days but I was waiting for my wife’s extension approval. I have been checking with my lawyers and warned them about wife’s I94 expiry which is on April 1,2020. They assured that nothing to worry and it will take 4-8 months generally to get the h4 approved. However, on April 18 I got a denial notice for her H4 extension with a reason that my wife has not attended her biometrics appointment. We never got the biometrics notice via mail and when we check with lawyer they said that they didn’t get the notice either. As of now, my wife is out of status and my lawyers say that we will have to file a new case instead of reopening the case.

i have 2 options

  1. To send her to India and schedule an appointment but due to the current situation when we checked we see the next appointment date is in February 2021.
  2. File a fresh case and wait for the decision. But right now if they file the fresh case, how much time would it take to get the approval? Is it advisable?

Can you please suggest what to do?

2

Sorry to hear about your situation.
It is tough situation…

You can file H4 as something called as Nunc Pro Tunc stating the issue asking that due to extreme situations, you cannot travel and apply for H4 again. Try to expedite it as well. Talk to your attorney also on this. But, you need to watch your time of 6 months and plan for exit as this can go either way and you do not want to Accrue unlawful presence.

Also, you may consider to file for B2 COS, if you are not sure and then stay on B2. You can explain the situation of denial in it and then apply for B2 online.

Each has pros and cons, you have to take some risk based on attorney advice.