H4 extension denied without RFE

[Sweain]

We filed our H1,H4(I-539) extension together in California center.H1B got RFE then the same employer filed new H1B at Nebraska center which was later approved and withdrawn intial RFE H1(at California center) without withdrawing H4(I-539)extension application.

So we recently recieved H4(I-539) denial application without RFE. Now my i94 is already expired to file new h4 application

What are my options here, can USCIS deny application without RFE.??

[pontevecchio]

Get a lawyer involved to see whether a forgiveness petition is in order. Quite remiss of the employer and your spouse not to keep track.

[Zodiac System]

On 8/7/2020 at 5:20 AM, Sweain said:

We filed our H1,H4(I-539) extension together in California center.H1B got RFE then the same employer filed new H1B at Nebraska center which was later approved and withdrawn intial RFE H1(at California center) without withdrawing H4(I-539)extension application.

So we recently recieved H4(I-539) denial application without RFE. Now my i94 is already expired to file new h4 application

What are my options here, can USCIS deny application without RFE.??

When employer filed new H1b with Nebraska, he should have filed H4 extension simultaneously along with the H1b (Just as he did in case of California center).  Many times the H4 "receipt notice" with WAC# is mailed directly to the home address (instead of being mailed to employer's office) so employers have no record of it, nor it is tracked at their end for withdrawal purpose.  Not sure what happened in your particular case.

Check with an attorney on this. 

Lets see what other experts say

Edited August 12, 2020 by Zodiac System