Lawer and personal error immigration issue


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My wife's I-94 expired along with mine in Feb 2017.

My H1B is under extension and I just learned today that she is accruing unlawful presence because the lawyer did not add her to my H1B extension application.

He has indicated that she should leave for India ASAP after my H1 approval notice comes through; and apply for another H4 Visa.

Could she be questioned or inconvenienced during exiting the US? Are there any requests she could make or mistakes to avoid during exiting?

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