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Any I539+NPT approval case recently?

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  • Any I539+NPT approval case recently?

    My wife's H4 expired more than 10 months now (3 year bar if exit US but not 10 year bar yet), due to my employer forgot to renew her H4 along with my H1B.

    The lawyer suggested us:

    1) File I539+NPT (Nunc Pro Tunc) to fix the gap, but the success rate is unknown, and she will accumulate unlawful present while we are waiting for the decision. If denied she definitely will have a 10 year bar.

    2) Leave the country asap to stop accruing unlawful present, and apply H4 visa again at US consulate which might not get approved due to 3 year bar.

    We tend to go with 1), because this is the only way we can fix the 10 month gap period, so that we don't delay the issue to I485 and green card interview. But once denied it will make our situation worse.

    We have been consulting with different immigration lawyers recently but none of them ever deal with such I539 (file after H4 expired more than 180 days). We would need help for:

    a) any data point of recent approvals / denials of I539+NPT
    b) any lawyer recommendation who is experienced with I539+NPT
    c) any suggestion on whether we should go with 2) instead
    d) any other solutions?

    Really appreciated!
    Last edited by darkpng; 08-07-2018, 01:02 PM.