H1 extension approved; H4 extension denied

[mihir17_in]

Dear Members,

I applied for H1 and H4 extension in Nov 2011, as my i94 expiring on Jan4th 2012. There was RFE on h1 extension and lawyer replied around Feb 22nd 2012. On feb 28th 2012 I see status of H1 extension approved and that of H4 extension denied.

Has anyone faced such situation where h1 extension was approved and h4 extension denied.

Thanks

[rrr2008]

Generally it shouldn't happen.

Is your wife is in out of status during her stay in US.

What the attorney is saying?

Or she can go out of country and get her H4 visa stamped too or apply for extension of stay here again by doing proper documentation.

[mihir17_in]

Thanks rrr2008.

Got the petition approval today, I realize what happened. My H1 extension is approved without I-94 and hence my wife's H4 extension was denied. Do you know what is option other than going to India for stamping, as visa stamping in India is risky these days.

[rrr2008]

are you doing full time or EC or EVC Model?

[mihir17_in]

I am in EVC Model

[rrr2008]

If it is EVC model, there are high chances of getting 221g admin processing for visa.

You need to take all the documents to India to prove the employee employer relationship.

Talk to any immigration attorney and take their suggestions.