Multiple H4 applications - one approved other denied

[aa0303]

Hello!

I am on H1B and my wife is on H4 with EAD. Last year I was looking to switch jobs and the prospective employer applied for my H1B and my wife's H4. After accepting the offer and before joining something came up and we could not relocate and decided to stay with my existing employer. The prospective employers attorney sent an application to withdraw both applications  and we thought that was the end of the chapter. 

The following month my existing employer applied for my H1B extension, my wife's H4 and EAD and all the applications were approved although it took a while for H4 and EAD to be approved. 

Fast forward 3 months and a couple of days back we received a I539 denial notice for my wife for the previous prospective employers H4 application stating that since you did not attend the biometric appointment your application has been denied. 

The notice also says that you can stay in the US till your i94 expiry date (which for my wife is till 2022 based on my current employers petition) but warns about accrual of unlawful presence.

When I contacted the lawyer who filed the application he said that USCIS might not have processed the application to withdraw and since her other application was processed it seems that no action is needed but I should confirm with my current lawyers counsel. I would like to not involve my current employer and lawyers since I would need to tell them about the other offer and it might be awkward. 

I would like to know if we should ignore the notice since she has approved H4 with an i94 till 2022 or if any action is warranted on our end.

Really appreciate your help.

[shekar11#]

17 hours ago, aa0303 said:

Hello!

I am on H1B and my wife is on H4 with EAD. Last year I was looking to switch jobs and the prospective employer applied for my H1B and my wife's H4. After accepting the offer and before joining something came up and we could not relocate and decided to stay with my existing employer. The prospective employers attorney sent an application to withdraw both applications  and we thought that was the end of the chapter. 

The following month my existing employer applied for my H1B extension, my wife's H4 and EAD and all the applications were approved although it took a while for H4 and EAD to be approved. 

Fast forward 3 months and a couple of days back we received a I539 denial notice for my wife for the previous prospective employers H4 application stating that since you did not attend the biometric appointment your application has been denied. 

The notice also says that you can stay in the US till your i94 expiry date (which for my wife is till 2022 based on my current employers petition) but warns about accrual of unlawful presence.

When I contacted the lawyer who filed the application he said that USCIS might not have processed the application to withdraw and since her other application was processed it seems that no action is needed but I should confirm with my current lawyers counsel. I would like to not involve my current employer and lawyers since I would need to tell them about the other offer and it might be awkward. 

I would like to know if we should ignore the notice since she has approved H4 with an i94 till 2022 or if any action is warranted on our end.

Really appreciate your help.

You can ignore since she has an active I-94. No issues.

[User099]

She is good as she has a I94 from her approved H4. But if you want to clear any confusion you can travel and get a new I94.