Entered US with new h4 stamped visa .H4 extension still pending.Will there be any problem with i94 after extension approval?

[RITT]

Hi,

My spouse h4 extension is still pending with USCIS.
We Went to India and got stamping done with new employer (company b) consular petition .Got h4 also stamped and Came back to US as well.

My questions are 

1. Once h4 extension is approved there will be new i 94 which won’t be matching with I 94 got at port of entry .Is there any problem?

2.what will happen If I withdraw h4 application.We don’t want to withdraw because h4 stay was above 240 days I 94 expiration and it was still in process when we went to India.If withdrawn will stay considered to be a illegal stay?

can you please help me out?

Thanks.

[shekar11#]

On 11/17/2019 at 8:14 AM, RITT said:

Hi,

My spouse h4 extension is still pending with USCIS.
We Went to India and got stamping done with new employer (company b) consular petition .Got h4 also stamped and Came back to US as well.

My questions are 

1. Once h4 extension is approved there will be new i 94 which won’t be matching with I 94 got at port of entry .Is there any problem?

2.what will happen If I withdraw h4 application.We don’t want to withdraw because h4 stay was above 240 days I 94 expiration and it was still in process when we went to India.If withdrawn will stay considered to be a illegal stay?

can you please help me out?

Thanks.

Your application will be abandoned by USCIS and they send a letter to you. Don't worry you are safe since you have an active I-94.

[RITT]

ar11#....Thank you so much for reply 😊

 

[RITT]

Update:

 

Just received RFE for the same.How this is gonna work ?Should I withdraw application???

[RITT]

My Spouse h4 extension still pending with and now got RFE for the same.

We already have new visa (new employer)stamping and entered US as well.

Previous extension was with another employer for which h1 had approved but h4 was still pending when we went to India for stamping.Now yesterday got RFE for h4 .Please help me .Do I need to withdraw application?But h4 stay was above 240 days  when we went for new stamping while extension was pending.

Will it be considered illegal stay?