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


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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

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