H4 extension - Delayed Extension

[kashif]

Hi All,

I am seeing a delay in H4 extension approval from USCIS, please see below my case events 

Event 1 : Normal Filing

I filled H1-B and H4 extension together at the same time in June 2016 and within a week I received mail from USCIS to resubmit my dependants documents as my employer had submitted incorrect document. Correct H4 documents were resubmitted and the same was acknowledged by USCIS

Event 2: Premium Processing

I converted my H1 extension into premium processing but I received RFE for my spouse's H4 extension and that too 3 days before my H1-B approval.

In short USCIS approved my H1-B three days after they sent RFE for my spouse extension (RFE request: Provide latest approved I-797 of spouse H1 and a few pay stubs)

once I recieved my approved I-797 from USCIS , I responded to RFE but I am yet to hear anything from them, its been more than a month now.

Is there a way to contact USCIS for this? or anyone who faced this issue and was able to resolve with USCIS

 

[kashif]

Update : I called USCIS National Call center and asked them to expedite my case, they gave me a tracking # and to my suprise they responded to my expedite request within a day, and the reply was that the H4 extension has to follow its own sweet time as it cannot be deemed as premium case along with H1-B.

 

Now my question is, can I go to India now while my H4 extension is still pending with USCIS? If yes, does this extension request becomes null and void and when I go for stamping in India will this stay beyond my I797 expiration date be deemed as illigal stay?

 

Please help me here

[shekar11#]

Your spouse can go to India and get H-4 stamped. No issues.

[kashif]

Thank you Shekar.

 

I just want to update tihs forum that I was able to get things resolved just by calling USCIS, they suggested to  have your case expedited. I did the same and my H4 extension got approved the very next day.

 

 

[Suyamba]

HI KAshif,

 

Can u please suggest me how u expedited your case with USCIS?

I am in the same situation now.