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Forgot to apply for Minor H4 extension

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  • Forgot to apply for Minor H4 extension

    My employer/lawyer filed my wife's H4 extension but he forgot to apply for my son's extension.
    So his i94 expired on Jan 19, 2019.
    Today We received My wife's extension and I realized that lawyer didn't event applied for it.

    Lawyer said exit country with in 6 months of i94 expiry and go for stamping(I already had plan to travel and booked May 10th). So Is this ok or Do I need to apply for his extension with NPT to backdate i94 approval instead of 2 more months of overstay?

    And what is the best way to answer the question at the time of stamping about why he overstayed without i94.

    Thanks in advance for suggestions...

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