H4 extension for child denied but H1 and H4 for spouse is valid

[PARTHA008]

My H1B extension petition extended in September 2017 along with my Spouse and Child's I-539 petition. We suddenly went India i September 2017 due to my father's sudden demise. While returning back to India we got new I-94 where my and my Spouse's I-94 were extended till July 2020 as per extended I-797. But my Child got I-94 valid till April 2018 as his passport was supposed to be expired in April 2018. My employer filed I-539 only for my son to extend his I-94. Now today I got a denial alert from USCIS that my son's I-539 application got denied. Could you please let me know if there any option to that my son stay here as per his previous I-797 approval which is valid till July 2020?

[adshah84]

Is he having valid Visa? If yes you can leave USA and enter back with new Passport and valid Visa on old Passport. 

At the entry show I-797 and they will extend I94 till end date on I797

[newacct]

18 hours ago, adshah84 said:

Is he having valid Visa? If yes you can leave USA and enter back with new Passport and valid Visa on old Passport.

The valid visa on old passport is no longer valid because he stayed past the date on his I-94, which causes the visa he entered on to be automatically voided under INA 222(g), and he can only apply for US visas in his country of nationality from now on. He must go back to his country of nationality and apply for a new visa.