H4 Extension & I-94 expired

[kiran436]

Hi,

This is my situation. Initially applied for H-1B transfer from company A to company B in regular process. But it got denied on OCT 25th. By that time our H-1B & H4 I-94 is expired (Expiry Date is 13-AUG-2017). Later company B applied for H-1B consular process in premium and it got approved with new I-94 valid from NOV 27 for H-1B. Please note that here company B didn't file H4 after H-1B got denied. Now company B trying to apply H4 with new approved H-1B. But I have below questions.

1) Is H4 Out Of status being counted from the date of I-94 expiry (13-AUG-2017) or from the day of H-1 denial (25-OCT-2017) ?

2) If USCIS denies H4 and spouse is beyond 180  days in out of status, will there be any issue?

    I assume if USCIS decision does not come before she attained 180 days and later if H4 gets denied, will she be incurred any loss?

 

3) Since company B filling H4 separately, how long does it take usually to get the decision?

[pontevecchio]

She should leave and return with a H4 visa and you should ask the company to pay for her trip.

[husky09]

Hello,

What are the options for H4 extension with expired I-94 status and expired H4 Visa on passport.

My friend has an approved H1 B extension. But due to miscommunication (attorney not knowing of his marriage) his wife's H4 extension was not filled with his H1-B extension petition. His wife's I-94 status along with H4 Visa on passport is expired and she has currently overstayed by 30 days. She is still in U.S. What are his options to extend/reinstate his wife's H4 status?

 

Should he file for her extension with nunc pro tunc request? Does it have a good success rate?

Or should she go back to the home country and re-apply for H4 status through Visa interview at the U.S. consulate?

 Please advise.

[pontevecchio]

It has just been one month. She needs to leave soon and return with a H4 visa.