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I-94 expired and H1B extension in progress without Client Letter and SOW

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Important dates: 

My I-94 expired on December 31st, 2019

Got RFE on January 6th, 2020 

Will respond to RFE on or before April 6th, 2020

Chances of getting a response in 15 days - April 6th, 2020 to April 21st, 2020. 

How long I can legally stay in the USA after my visa gets rejected? 

What is the process for applying h4 from India? What is the time taken for each stage before I can enter the USA ?

If I initiate my h1b transfer and my RFE response gets rejected, how long I can wait in India before I can enter USA?



We are expecting in June and my wife needs me here and that is the only worry for me to leave USA.

Thanks a lot for your help in advance.

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10 hours ago, Sudharshan61 said:

Chances of getting a response in 15 days - April 6th, 2020 to April 21st, 2020. 

No one can predict this.

If Visa is rejected, you will have to leave in 2-3 weeks or appeal the denial which will allow you to stay but can't work.

If your spouse has H1, then you can go for a H4 visa interview at the consulate with the H1 approval notice. Time taken for the visa slot + any delays in admin/visa processing. 

Its best to talk with an attorney about your options if you think there are chances of the H1 getting rejected as your have some big changes coming in June. All the best for the baby!

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