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Question

I have received a new H1B extension last week. Due to an administrative error at the attorney's office, attorney did not include H4 (my wife's extension) while filing H1B extension. She is now in US on expired I-94 since March 15, 2019. Option given to me: - Send her back to India and get H4 VISA stamped using just my recent H1B approval notice alone and WITHOUT H4 approval notice. - Enter U.S.A with H4 stamped VISA (doesn't need to have H4 approval notice) Questions: - Is this a valid option? (H4 VISA stamped WITHOUT H4 approval notice) - What are the chances of her H4 VISA getting stamped without H4 approval notice at the US consulate ? - What are the chances of not asking her H4 approval notice at the port of entry? - Now that her H4 I-94 has expired (3/14/2019), attorney suggested that she could stay for 5 months and 29 days. Is this legally allowed? Will there be any issues in future? FYI, Attorneys office has promised that they will provide us with affidavit stating that it's administrative mistake and my wife is not at fault.

User's Location: New Jersey, Alabama, United States of America

Category: Employment-based Green Card