H4 Expired 9 months ago, Valid H1 forgot to file for my family

[sandeepshanu]

Hi Team,

I am planning to switch company and my new employers attorney asked for Visa details of my family.
Thats when I realized it I don't have those.
At the time of extension in April 2017, I forgot to file for my wife and daughter.
I have valid H1B till Dec 2019.

My new employer's attorney is saying:

"The only option we have is to file for her H-4 extension along with your H-1B transfer petition, and ask the government to exercise its discretion to “forgive” your wife’s violation under the nunc pro tunc concept.  This concept allows the USCIS to issue a retroactive approval that is treated as if it was filed at an earlier time."

I have told them to file it.

I haven't talk to my current employer's attorney for suggestion but I believe they will also tell me the same.
Can you please suggest on what should be the best course of action for me at this point?

Regards,
Sandeep

[pontevecchio]

When did their H4 I94 expire?

[sandeepshanu]

It got expired in may 2017

[h1btracker9]

Hello.. So what did you do finally in this case?

[sandeepshanu]

I filed her H4 under NPT and she is going back to India to avoid 1 year of unlawful presence.

Now my H1 got approved 2 weeks back so can she go for stamping directly based on my Approved H1 or she has to wait for her H4 approval?

[ravireddy288]

Hello ..Is there an update on this case? Was Nun Pro Tunc approved?