RFE for H4 Extension-Explanation of delay in Filing


Dhan1234567

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Hi Respected Members,

 We have received an H-4 RFE. The USCIS asks for a reason why the extension of status was not filed timely and need your valuable suggestions. Here is the scenario-

 

 My H1 was approved till 28th Nov 2013 and my employer filed my extension in August. At that time my spouse was not in USA and therefore as per employer suggestion H4 extension was not filed. My spouse came back on 23rd November along with my 2 year old baby and everyone got "flu" and it took us almost 2-3 weeks to recover and We completely forgot to file her H4 extension which was due on 8th December ( 23rd November + 2 weeks grace time). By the time we realized it was already late and finally My employer filed H4 extension on 31st December but we have received RFE for explanation of delay in filing. I know flue is not a valid excuse and that's reason I am looking for some suggestion here.

 

 Please suggest and what could be worst scenario. Just an FYI My H1 is approved till 2016 and I am also in process to file I-140.

 

Regards,
 Jay

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Hi Respected Members,

 We have received an H-4 RFE. The USCIS asks for a reason why the extension of status was not filed timely and need your valuable suggestions. Here is the scenario-

 

 My H1 was approved till 28th Nov 2013 and my employer filed my extension in August. At that time my spouse was not in USA and therefore as per employer suggestion H4 extension was not filed. My spouse came back on 23rd November along with my 2 year old baby and everyone got "flu" and it took us almost 2-3 weeks to recover and We completely forgot to file her H4 extension which was due on 8th December ( 23rd November + 2 weeks grace time). By the time we realized it was already late and finally My employer filed H4 extension on 31st December but we have received RFE for explanation of delay in filing. I know flue is not a valid excuse and that's reason I am looking for some suggestion here.

 

 Please suggest and what could be worst scenario. Just an FYI My H1 is approved till 2016 and I am also in process to file I-140.

 

Regards,

 Jay

Worst case scenario H4 extension might get denied or approved with consular processing. Your spouse and baby would have to exit and enter with a valid H4 visa and a copy of your new I797.

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  • 2 years later...

Hi All,

I am in similar situation. Plz help.

1) I am on H-1 B status & our(me-H1B, my wife & daughter-H4) stamping was valid till 4-Sept-16

2) My employer filed for H-1B extension & I got it approved till 15-July-18.

3) I realized on 14-Sept-16 that my family's extension should have been filed separately. I was under the incorrect impression that my H-1 extension would be sufficient for them to stay. My employer said they only file H-1 extensions & not H-4

4) My family left US on 17-Sept-16 (after 13 days of overstay).

Now I am planning to apply for their visa stamping using dropbox (using my latest I-797-valid till 2018). My questions are:

1) Shall I mention about overstay in their DS-160? or it is too small (13 days)? Will I not be inviting unnecessary attentions to it?

2) If I choose to mention it, what all things shall I mention? Like I-94 numbers, travel dates, apology etc?

3) How soon should I do we need to apply it?

Please help me out.

Regards,

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