H1B extension RFE and H4 Biometrics pending


crinik

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Hi,

I request for your advice on following queries related to my H1B and H4 extension.

1. I have applied for my H1b extension through my employer, my 1-94 has expired in the month on August-19.
    Last week I found an RFE status on my application.
    a. I would like to know legally how long i can stay in US?
    b. At this point, can I file second application for extension with another employer?

2. I applied for H4 extension for my Wife and Kids along with my application. We received Bio-metrics appointment date for Aug-19, but we could not attend       or reschedule the appointment. 
    a. I would like to know what are my options now for getting the Bio-metric completed?
   b.  Will this influence my H1B visa extension processing?

Thanks,
Srinivas.
 

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1. a You can stay as long as the decision on your application is pending. RFE is not the end of the application process. 

b. Yes, but since your I94 is expired it will most likely be under consular processing.

2. a. You can go and request them at the ASC to see if they can take your fingerprints. Mostly cases they will accept it.

b. Not your H1, but their H4 will be denied since they did not show up for biometrics and will be out of status.

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