H4 Extension not filed prior to I-94 End Date

[Pary0079]

Hi All,

I am on H1b with valid visa till 2022 Dec. My HR did not filled for my dependents extension while filling my extension. I came to know about this when I got approval and documents contained approved petition only for me. By the time, I came to know about this in Jan 2021, my wife/son's I-94 got expired in Nov 2020.

After that I spoke to my HR and filled H4 extension for my wife/son on 15th Feb 2021 under NPT (nunc pro tunc). They had fingerprints done at ASC on 30 Apr 2021. I tried calling USCIS and raised Expedite Request as well which got denied on 11 May 2021.

Please suggest what options do I have. I dont want to extend their stay beyond 180 days which is ending on May 30, 2021; to avoid 3 Yr ban due to out-of-status for more than 180 days. To avoid this, they would have to travel back to India and get visa stamped using my approved I-797.

But at this time, there is travel ban and US Embassy is as well closed in India. As well, situation in India is worse as we all know.

Travelling at this point would be to risky for my family and every one would try avoiding this.

Request you all to share some thoughts to avoid the travel and what should be my next steps/actions to avoid 3Yr ban as well due to over stay beyond 180 days.

PS: Its plain H4 application with no EAD.