Due to an inadvertent error, my extension of H 4 status was not filed along with my husband .(he is in H1 VISA).I left U.S without realizing this (six months after the expiry of i 94 but less than 1 year) I triggered the three year bar. But I was granted NON-IMMIGRANT WAIVER [INA 212 (D)(3)(A)] along with H4 visa. My daughter who is also in H 4 visa also travelled with me ,but since she was 5 years old at that time ,she did not accrue unlawful presence.
Right now my husband's priority date is current. Will it be possible for me to apply I 485 and I601 staying in U.S .without leaving the country.
I have two daughters .One is seven years old and the other is three years old. My three year old daughter is a U.S. citizen.
Note : My H4 is valid till 2014.
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