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RFE on H4 extension due to filing after I94 last date

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My H1 extension was filed along with dependents and got approved. However, got RFE on H4(spouse) for filing 4 months after her I94 last date(which we realized later and missed to see even while filing extension). Two kids H4 extension is also linked to her I539.

1) Is it considered out of status from I94 last date till date of extension petition filed, or as of today since she is still in US ? 

2) what are the possible ways to respond for late filing RFE in this kind of situation, chances of her extn approval and consequences ?

Appreciate your inputs or any similar past experiences.



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I don't understand how you could miss that even while filing the request. It is considered out of status if you overstay your I94. 

Talk to an attorney ASAP to see how to respond to the RFE and if they can do a nunc pro tunc and fix this. Or else better to travel and go for visa stamping. In any case talk to an attorney before taking any further step. 

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