I 94 Expired Extension Denied

[SS369]

Hi All

Here is my situation I am working at an end client through an Indian MNC (Vendor Client Relationship). My previous H1B and I 94 got  expired on Jan 26 2019. My company filed for H1B extension last December for which we got an RFE ( Vendor client relationship and Paystubs) last month . My company replied to RFE in premium and we got a denial status very recently ( still don't know what the reasons are ).

NOTE: I have a valid medical reason for which I cannot travel for next 6 months

Based on the above information. My questions are

1. Am I out of status since my I94 expired in Jan this year

2. Can I Apply for change of Status to H4  while staying in USA ( My husband is on H1B)

3. When does the 180 days grace period will kick in?

Kindly let me know what my options are to legally stay here in USA.

Thanks

SS

 

 

[xTDx]

21 hours ago, SS369 said:

Hi All

Here is my situation I am working at an end client through an Indian MNC (Vendor Client Relationship). My previous H1B and I 94 got  expired on Jan 26 2019. My company filed for H1B extension last December for which we got an RFE ( Vendor client relationship and Paystubs) last month . My company replied to RFE in premium and we got a denial status very recently ( still don't know what the reasons are ).

NOTE: I have a valid medical reason for which I cannot travel for next 6 months

Based on the above information. My questions are

1. Am I out of status since my I94 expired in Jan this year

2. Can I Apply for change of Status to H4  while staying in USA ( My husband is on H1B)

3. When does the 180 days grace period will kick in?

Kindly let me know what my options are to legally stay here in USA.

Thanks

SS

 

 

1. Yes , you are out of status as your i94 has expired and you have no timely filed application pending with uscis.

2. No, because you are out of status. An extention or change of status application will be denied.

3. There is no 180 days grace period. If you meant by 3 year ban due to 6 month of staying out of status in USA then the counter starts from day of h1b denial.