Stay in USA with dependent Visa (H4)

[Dharmendra]

Please find the below case –

Ø  My Spouse came to the USA on a dependent Visa (H4) in May 2023.

Ø  We started her H1B processing and she received her I797B before Oct 2023.

Ø  After receiving I797B, we went SSN office but they denied it because on I94 the status was H4(dependent).

Ø  So we called her employer and they explained the following-

o   Her change of status was not done and there are two ways through which we can change her status from H4 to H1B.

o   First option - Go to India and come back to the USA with visa stamping.

o   Second option: Search for a job in the USA and after that, we will file the H1B amendment.

o   So she followed the above second option and started the job searching from OCT 2023.

Ø  In Feb 2024, I applied for her H4 extension online through the USCIS portal because her H4 visa is going to expire in March 2024.

Ø  Just 2 days before "12 May 2024" I received one document “I-539 Denial” from USCIS and in this document, it says, your Form I-539 is denied for the reason(s) discussed below-

o   Because you are now an H-1B, your application to extend your H-4 may not be approved. Your application is therefore denied.

 

Please find the below query:

Ø  On the I94 form, the Admit Until Date is March/2024 and we received the “I-539 Denial”.

So my question is can she stay in the USA? If Yes then for how many days?

Kindly suggest me the next steps.