h4 visa and i94 expired. Is medical insurance still valid?

[MSM123]

Hello,

We've applied for our H1B and H4 visa extensions respectively ( our visa expired on April 30th) and my H1b has been approved and received my i797A. However, my wife's H4 extension packet has been sent back due to incorrect signatures (sent back in June 2nd week). After consulting with my company attorney, the attorney has decided to file H4 with Nunc Pro Tunc (NPT) since my wife's h4 visa and i94 has expired. The application has been filed sometime during the June last week.

My question is

1. Since my wife is currently out of status (i94 expired on 4/30/2020), will there be any issues down the time during extensions/GC/stamping?

2. Will my spouse's medical insurance still stay intact irrespective of visa status?

3. Attorney has insisted that they would try to expedite the case once we receive the H4 receipt notice. What are the chances of getting approval before the beginning of October 2020 (in next 3 months) since it would be 180 days of unlawful presence which is very risky to continue staying. Should we wait until October or should I plan for my spouse's departure travel immediately to avoid serious issues in future?

[User099]

Its ok as you have filed it with a NPT. 

Visa status is not tied to medical insurance.

You can stay as long as the petition is pending. 

 

[MSM123]

On the third point, are you sure one can stay as long as the petition is pending? Since the petition was filed after i94 expiry.

Edited July 8, 2020 by MSM123

[MSM123]

20 hours ago, User099 said:

Its ok as you have filed it with a NPT. 

Visa status is not tied to medical insurance.

You can stay as long as the petition is pending. 

 

On the third point, are you sure one can stay as long as the petition is pending? Since the petition was filed after i94 expiry.

[User099]

Yes, since you filed it with an NPT. If NPT is approved she will be put back in status. But you should confirm with the attorney who filed the NPT for you.

https://www.murthy.com/2018/02/01/filing-a-nunc-pro-tunc-request-to-reinstate-status-in-the-u-s/

[MSM123]

On 7/9/2020 at 3:40 PM, User099 said:

Yes, since you filed it with an NPT. If NPT is approved she will be put back in status. But you should confirm with the attorney who filed the NPT for you.

https://www.murthy.com/2018/02/01/filing-a-nunc-pro-tunc-request-to-reinstate-status-in-the-u-s/

1. What if the NPT decision doesn't come by October 1st (180 days of unlawful presence)?

2. While we await for decision beyond 180 days, what if the NPT is not approved? She would accrue unlawful presence>180 days which triggers ban i believe.