Wife has overstayed I-94 by ~10 months. I-94 never corrected after getting a renewed passport last year. H1-B was still valid through this year.

Hi all,

We have been informed by her company lawyers that my wife has overstayed I-94 by ~10 months. Her H1-B had a validity date until August 2021 and she was in the process of renewing the H1B. She shared all documents with the company lawyers back in March (no one noticed until now) to re-new the H1B and now in June the lawyers are noticing I-94 never was updated after getting new passport last year. Now it has been ~10 months with technically a voided H1B. The lawyers want to immediately submit nunc pro tunc asking for foregivness. I am very worried about it approaching the 1 year overstay mark now.

We were just recently married this year in 2021 but we have not started the green card process yet. We need to ask the lawyers if we should start the green card process ASAP with I130 and I485. We are now worried this nunc pro tunc will affect spousal green card process. We have been together over 4 years now and I am US citizen.

We are wondering if anyone has gone through something similar with nunc pro tunc or overstay I-94?

submitted by /u/Wiscoman
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source https://www.reddit.com/r/immigration/comments/nxh3hp/wife_has_overstayed_i94_by_10_months_i94_never/

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