I-485 Deny as I-94 expired

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Registered Users (C)
Please let me know if any one got I-485 approved, having expired I-94 for more than one year.
We did not notice my wife's H4/I94 expiring before filing I-485(Now we can see 14 months over stay after I94 expired,But she got H4 stamped during this period using my H1 visa with out processing H4 doc along with). Currently she is in status with recent valid I-94, EAD , Advance parol.
Recently We received a Notice of Intenet to Deny I-485 defining this as unlawful stay and will be subjected for 10 years bar.
Can you please share with me if any one had this kind of situation and what are the different ways to answer. Thank you.
 
Were you always in status on H1B? and only forgot to renew H4 for your wife?

Check out this article...on Nunc Pro Tunc...

http://www.murthy.com/news/n_nunpro.html

Did your wife go to India (or home country) and come back recently...then you may use 245k - if your status gap is not more than 6 months since your last entry into US...
 
What if the status relies on EAD and not H1 or H4? I was told by my company's attorney that I-94 doesn't need to be renewed as long as the status is EAD (Adjustment of Status)? I and my wife went to India, so our date on the I-94 moved to a year later.

Thanks
 
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