I94 Expired but Petition is valid


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HI,

We noticed that my wife visa and i94 was expired on Nov 2023 but the same I797 is valid till Mar2024. She didn't travel out of country in the last 3years to extend the i94. We applied H1B ext recently in premium process. Can anyone please clarify the below questions?

1. what are the chances of approval rate?

2. As we applied extension after 3months of i94 expired. Is she still out of status or 240days rule applicable? 

3. Do i need to apply H1B ext in NPT process if current application rejected?

 

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