Is it valid to stay more than 180 days while VISA extension process is in progress/pending?

[Vassu]

I got my recent H1B up to Nov 2011 from new employer. My wife had H4 dependant VISA till Sep2009 from my previous employer. She is staying with me in USA. I just noticed that her H4 visa and I-94 got expired on Sep 2009 (125 days before from now)

Additionally, my wife is 36 weeks pregnant now. Due date is in 4 weeks.

1) I cannot go to India for H4 extension/stamping as she is due in 1 month and she cannot travel 3 months after delivery.
2) If I apply for extension, then I am not sure whether I will hear decision before March2010 (180 days).


Is it valid to stay more than 180 days while VISA extension process is in progress/pending? can my wife stay in USA more than 180 days if she don't hear from H4 extension process.

kindly suggest me what are my options in this situation.

 

[ginnu]

I got my recent H1B up to Nov 2011 from new employer. My wife had H4 dependant VISA till Sep2009 from my previous employer. She is staying with me in USA. I just noticed that her H4 visa and I-94 got expired on Sep 2009 (125 days before from now)
-----------------------Her stay from her I-94 expiry date is illegal .
Additionally, my wife is 36 weeks pregnant now. Due date is in 4 weeks.

1) I cannot go to India for H4 extension/stamping as she is due in 1 month and she cannot travel 3 months after delivery.

2) If I apply for extension, then I am not sure whether I will hear decision before March2010 (180 days).
---------------- USCIS may reject H4 EXT and if they reject then her illegal stay will be from the date her I-94 got expired.

Is it valid to stay more than 180 days while VISA extension process is in progress/pending? can my wife stay in USA more than 180 days if she don't hear from H4 extension process.

kindly suggest me what are my options in this situation.

Go to a very good lawyer he may write that it was innocent mistake not to file H4 extension on time and she can’t travel as she is pregnant (attach Doctor Letter) USCIS May extend her H4. Request the lawyer to file “nunc pro tunc”