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H1b RFE... I94 expired 3 months ago

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  • H1b RFE... I94 expired 3 months ago

    My I94 has already expired 3 months ago and I recently got an RFE. If I get the visa denied upon responding to the RFE, will I be in grave trouble for accruing unlawful presence in US? I filed my H1 extension 10 days before I94 expiry.
    Think I should have made it premium but my employed refused.

    Will I be able to return to home country and apply H4 visa through my spouse who still holds valid H1b visa?
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