Dependent(H4) Out of Status

[Jaykumar01]

Need help with a situation I am in about Dependent(H4) Out of Status.

My wife and I came to US in 2016 where I had H1B and she had H4 stamped till May 2019. In January 2019, she visited India and at the same time I filed for my H1B extension without dependent's H4 extension.

My extension got approved. She came to US in March 2019 having the same visa stamped with expiration date of

 May 2019. Now it is 2 months since her H4 and i94 is expired, I was under impression that I don't have to file extension for her because she is dependent and she can get the Visa stamped once she exits the country.

It just came to my attention from one of my friends that she also needs an extension, she is out of status from last 2 months, she might get deported. So I am freaked out.

 

Can't we just exit the country, get her visa stamped after filling DS160 for her (as I did for the very first time) and come back to US? Please help.

Edited July 24, 2019 by Jaykumar01
Added more text

[xTDx]

11 hours ago, Jaykumar01 said:

Can't we just exit the country, get her visa stamped after filling DS160 for her (as I did for the very first time) and come back to US? Please help.

She should exactly do that. Add "ASAP" to your plan. It is always suggested to get your case review in depth with a competent immigration attorney for all possible strategies.

 

[Jaykumar01]

Thank You!

[pontevecchio]

You got your answer. Now why did she not show your latest H1 petition approval when she entered in March? Was your petition approved after she came back??