Our client failed to file an H-4 extension with her husband’s H-1B extension, and was therefore out of status for over 3 months. When she realized it, rather than return back to her home country for visa stamping, she decided to file an H-4 extension, even though it was considered untimely as her H-4 I-94 was expired. Attorney Furqan argued in his Nunc Pro Tunc motion that the client was eligible for the benefit sought prior to her status expiring, that she had not otherwise violated the terms of her status, and she remained a bona fide non-immigrant.
