Pending H4 approval due to Typographical Error& India travel

[PRV]

 

Hello,

We are in an urgent need of advice. Any good suggestion is much appreciated at this time!

This is my situation:-

Previous H1 and H4 were valid till 12th Oct 2017. I-94 also has the same expiry date. 

Sep 2017 - we applied for extension (H1 and H4) 
Nov 2017 - received RFE 
Feb 2018 - submitted RFE documents 
Mar 2018 - received H1 and H4 approval (approved from 12th Oct 2017 to 13th Oct 2017 - just for a day ,due to typographical error!) 
Mar 2018 - filed H1 on premium (Attorney missed to file the H4 along with it) 
Apr 2019 - H1 premium got approved and is valid till Dec 2019
May 2018 - We got to know  that the H4 was not filed and filed a new petition. 
June 2018 - Vermont center received the petition 
July 2018 - received the receipt number for current H4 petition.

 My questions:- 

1)Is my current stay considered legal, considering that its been 330 days from original I-94 expiry, 181 days from the interim H4 received (though we received in Mar'18 it had past validity) Or ,the 240 day rule is not applicable to H4 since I'm not yet working.
2) Vermont processing time is extremely long.. As  per current timeline, the possibility of the application getting processed will be Sep - Nov 2019. If the application for some reason gets denied, at that point what will be the implication of my stay here? 
3) Is it still ok to travel to India while the petition is still in process,and apply for H4 from there asking a waiver or this can cause an indefinte delay/RFE scenario on H4? 

4) Can I get stamping at US Consulate in India with the approved H1b petition?

We have an approved I-140 and have two US born kids.

3)  Is there any way that Attorney can acccess the pending files in case of an H4 too ,since it is not on Premium processing?I don't think the petition has been filed like a correction to the originally approved one. Current petition is filed like a fresh application.

4) Can Infopass be of any help in this situation since, its primarily USCIS' mistake that we had to file again for correction.?

 I have to attend my brother's wedding early next year and, we never anticipated that this visa extension could take this long, for more than an year now.. I hope it may happen sooner than expected but ,I don't want to be in indefinite doubts to confirm my trip to India.

My Driver's License&EAD all depends on H4 approval. Hope you all understand!

Thanks for your time!

Waiting for response!

 

 

[shekar11#]

On 10/3/2018 at 2:47 PM, PRV said:

3) Is it still ok to travel to India while the petition is still in process,and apply for H4 from there asking a waiver or this can cause an indefinte delay/RFE scenario on H4? 

4) Can I get stamping at US Consulate in India with the approved H1b petition?

3) Yes.

4) Yes you can do that.