Overstay of H4

R

ramkumart

New Member
My H1B visa expired on Apr 30th. My company applied for extension and we got the extension on Aug 6th. We didn't apply for extension of H4 for my wife along with my visa's extension application. Now she overstayed 120 days. My attorney says there are 3 options (nothing is guranteed).
1. Apply I539 for extension from here. It may take 4 months to get a reply. Disadvantage: If rejected, she will get three year ban.
2. Go to India (before 180 days) and apply for fresh H4 visa.
3. Go to Ciudad Juarez, Mexico before 180 days and apply for H4 extension.

Please help me in finding the right option.
 
only option 2 is valid

1) St ;louis is very risky in this case
3) if she is out of status , she cannot apply at border posts .

She has to apply in home country

Go back and get it done ASAP
 
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