H4 extension with i94 expired


We realized my wife’s h4 validity and i94 is expired almost 2 month ago and, we didn’t file for extension yet. We were under the impression that expiry is on Dec 15 2021 however, it was Oct 15 2021.

Can we file for extension now? Is it still valid to stay in the country if we file for H4 extension?

I’m not sure because current i94 has already expired.

Please advice.

Your wife has already started accumulating unauthorised stay since the date of her I-94 expired. You must consult your immigration lawyer asap and apply H4 extension of status with NPT.

thank you, she can travel to India and apply from there too. However, I just want to make sure applying from states with i 530 + NPT does not hinder anything in my H1b status.

Does it impact h1b holder in anyway ?

If she travels, she will need to get H4 visa stamping done based on your I-797.

No it won’t.