H4 extension denied - Need URGENT guidance

[MSIN]

Hi

I am asking this question on behalf of my friend who is going through turbulent time and hope someone ( JoeF, I am counting on you) is able to provide the guidance.

 

Background : My friend has been working on H1 visa and his I140 is already approved. His current H1 visa was due to expire in Sep 2015 and an extension was filed in Jun 2015 and he moved to a new project/client through the same employer in Oct 2015.

 

In Jan 2016, while waiting for his H1 extension approval, my friend had to travel to India urgently ( due to some family emergency) leaving his wife ( H4) and daughter (US citizen) to stay in US.

 

At that time, his H1 extension and his wife's H4 extension applications were in progress.

 

Since he had to go to India, while his H1 extension was not yet approved, his employer's attorney filed for a new H1 extension application ( premium processing) through consular processing, He got an RFE ( expected) due to the other H1 extension application (Jun 2015) in progress and the attorney withdrew the first application, Finally, his H1 extension has been approved and he is scheduled for visa appointment on 14th March 2016.

 

Now, as the situation was getting sorted, a new complication happened. His wife's H4 extension application has been denied recently with the following message on USCIS site :

 

On March 1 , 2016 we denied your form I539. We mailed you a decision notice that explains why we denied your case and your options. Please follow the instructions in the notice.

(we are yet to receive the notice)

 

However, as per my understanding, the denial means that she is currently "out of status" .  In that case, I need your guidance to understand the options :

1. How long can she stay in US - I have read options like leave immediately, 10 days, 2 weeks, 30 days, etc.

Right now the expectation is that my friend should get his visa stamped and be able to fly back to US ( say by 20th March or sooner) after collected his stamped passport.

 

2. Can she file an appeal against the extension denial while being in US ( and buy time) ? I also heard that she can only file appeal after my friend has a valid I-94.

 

3. Is the best course for her to fly back to India instead and try to get hew H4 stamped in India based on her husbands H1 extension approval (assuming successful stamping on 14th March). Now, she may or may not be able to get the stamping appointment on the same date as her husband, as she will have to fill her application separately now.

 

As you can see, the situation has got very complicated. Hence, looking for your guidance to address this situation, as we do not want her to have additional complexity for her visa stamping (or extension) due to overstay while being out of status.

 

Thanks in advance for your guidance and please let me know if any additional information is needed.

 

Thanks

Mahendra

 

 

[MSIN]

Hi - any thoughts/suggestions here ?