H1 to H4 approved but H1 extension denied


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Here is my wife's situation

She was on H1 and her I94 was expired in Feb 2016. Her H1 extension was filed in Jan 2016 .

We had our baby in March 2016 and she took  Maternity leave  and , we decided to change her status from H1 to H4 .

We applied for COS from H1 to H4 in June 2016 and COS got approved in Sep 2016 got new I94 which is valid till April 2018.

And the H1 extension which was filed by her employer in Jan 2016 got an RFE in June 2016 and got Denied in Nov 2016.

Few questions on this situation..

1 : Are we in any kind of mess?

2 : When she went to renew her DL, they have sent her file for Legal presence verification and the officer said its a routine check. Do you think we are in any kind of problem?

Thanks In Advance

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  • 1 month later...

Per your post, looks like you filed for COS to H4 in June 2016 though i94 expired in Feb 2016 along with pending H1B extension.

  1. Just curious to know if you filed COS for your wife after her i94 expiry(Feb 2016) while remaining in the US.
  2. Is it possible to file for COS from H1B-H4 after i94 expiry with pending H1B extension?
  3. Any issues if pending H1B petition is withdrawn once we receive H4 receipt notice?

Awaiting your response. Appreciate your help!

Many thanks!

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