Error on the H4 Validate Date of my Spouse's I-94

[Hang123]

My spouse traveled alone earlier this year and when she entered the US on H4, the visa officer mistakenly wrote the visa stamp expiration date (which is only three months after the date she obtained the visa at the Embassy in China) as the "Class Until" date on her I-94, which gave her less than two months period between her entry and the I-94 expiration date. Unfortunately we didn't find out until one month after the "Class Until" date. Now my company's immigration lawyer is trying to file a motion for amending the I-94 but she said she it only has a 50% chance of being approved. If it were rejected, my wife would have to go back to China to obtain a H-4 again, which would be extremely difficult since she "overstayed" her I-94. I am very concerned.

Anybody had similiar experience before that would share some advice? I really appreciate your help.

[GCChaahiye]

If your attorney says there is only 50% chance, you should consider whether to file the motion or not.

The preferable alternative would be to go back immediately to China and reapply for H4. Incase they happen to raise questions, she should be prepared with all the documents and let the consular officer know that it was the mistake of the officer at the POE and that she over looked that mistake herself.Make sure that she mentions this fact of over stay in her H4 application form.They may not make a big deal about the overstay of one month.

However, cannot predict anything.