Entered US with new h4 stamping while h4 was pending with old employer and now got RFE for the same.

[RITT]

My Spouse h4 extension was still pending and now got RFE for the same.

We already have new visa (new employer)stamping and entered US as well.

Previous extension was with another employer for which h1 had approved but h4 was still pending when we went to India for stamping.Now got RFE for h4 .

 

Do I need to withdraw application?But h4 stay was above 240 days  when we went for new stamping while extension was pending.

Will it be considered illegal stay?

or Do I need to respond RFE?

what are the options?

 

Could somebody please reply?

 

[shekar11#]

14 hours ago, RITT said:

My Spouse h4 extension was still pending and now got RFE for the same.

We already have new visa (new employer)stamping and entered US as well.

Previous extension was with another employer for which h1 had approved but h4 was still pending when we went to India for stamping.Now got RFE for h4 .

 

Do I need to withdraw application?But h4 stay was above 240 days  when we went for new stamping while extension was pending.

Will it be considered illegal stay?

or Do I need to respond RFE?

what are the options?

 

Could somebody please reply?

 

You can respond with the updated I-94 that you received when you came back to US. You are perfectly fine. 240 day rule is for H-1, not for H-4.

[RITT]

Thanks shekar11# for your response !