H1 Extension Filed & I-94 Expired- If Denial- Can I Change of Status to H4?

[sudheerk]

I need some guidance about my H1B Extension.

My H1B Extension is filed & my I-94 is expired already.

If I get a denial on H1B Extension, Can I change status to H4?

 

My Scenario: 

Employer- Primary Vendor-End Client.

I work at the end client location through a primary vendor.

 

My I-94 expired on 15-OCT-2014.

My employer filed for an H1B Extension on 05-OCT-2014.

I got an RFE on 05-NOV-2014.

USCIS is asking for a Client Letter.

 

We have asked the primary vendor to Intiate a client letter but there is no gurantee we are going to get one.

If we respond to the RFE without a client letter and let's say If I get a H1B Denial.

 

Will I be considered as out of status since my I-94 Expiration date (or) my H1B Denial date?

Can I file for Change of Status to H4 on my husband's H1B without leaving United States (or) should I have to leave the country and re enter as H4?

Can I file this change of status to H4 online on the same day of denial to avoid being out of status?

 

Any guidance in regard to this is very helpful...thanks in advance.

 

[Kriss.gv]

Don't risk yourself here as INS is very strict about the docs they have requested. You can show the RFE to your client and request for the letter( most of the clients started giving client letters once we show them the RFE, but again the problem is it won't be in the same format we are requesting like duration of project and all)

 

My 7th year got rejected after RFE(submitted client letter here) in November 2014 and I am still trying to fix my situation. So, Avoid to get in to this boat, its clueless, frustrated and you name it.