回复:我爸的E-1還沒過期..只有我的過期8個月..

It is totally your responsibility to extend your I94. Even USCIS makes a mistake, it is still your responsibility to fix it on time. Theoretically, after your I94 expires, you have to leave US and re-enter to keep your nonimmigrant status. There should not be illegal stay.
Since your I94 is expired, whether USCIS approves your petition or not is solely immigrantion officers' discretion. Previous approved similar case may not repeat.
Look around and find an immigration lawyer to work on your case. You have illegally stayed for over 6 months, which may have 3-year bar.

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