H4 dependent Extension filed after i94 Expired


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My spouse h1b was filed before i94 expiration and it is under processing in normal mode and yet to receive approval.

Due to attorney’s mistake , My h4 extension was filed a day after i94 expiration with NPT ( Non Pro Tunc).

i94 expired on 3-FEB-2020

H4 extension filed on 4-FEB-2020 (Received by USCIS)

I have received h4 receipt notice and went for biometrics on 26-FEB-2020. Currently the status shows “Finger print were taken” at USCIS online.

In such case (NPT filed) , 

  1. Is there any limit on the maximum number of days to stay in USA legally.
  2. Will I accrue unlawful presence if my spouse h1b extension denied? If so , will there be any Ban ?
  3. What are my options to maintain lawful status ?

 

Thank you.

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I believe you are good.  When documents are sent by postal mail ... certain grace period is allowed.  You may fall under this grace period if your documents are received by USCIS on February 04, 2020 .........

H4 is dependent status and is definitely connected with your spouse's H1b status and its approval.    

Waiting for an expert opinion!

 

Edited by Zodiac System
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