sambat Posted May 1, 2015 Report Posted May 1, 2015 Hello, - My wife's timely filed H1 renewal is pending with uscis since Nov 2014. - Her I 94 expired after filing H1 EOS in Nov 2014. - After 3 months, we filed for H4 COS in Jan 2015 while she was in period of authorized stay. - She traveled to India in April 2015 and got her H4 visa stamped at the US consulate. - While she is still in India, we got an RFE on H4 COS which says, the H4 was filed after her I94 expired. They need explanation why it was untimely filed. Since, she already got her H4 visa approved in india, what should be done with the pending H1 and H4 applications? Should I do the following? 1. Withdraw pending H4 COS petition. 2. Respond to H4 RFE. What would happen if the USCIS denies this petition? 3. Donot respond to RFE and donot withdraw H4 COS. Does It become void automatically? 4. Withdraw H1 I really appreciate the advice of the senior members. Thanks!
jairichi Posted May 1, 2015 Report Posted May 1, 2015 Nothing to be done as it will get automatically denied due to her travel.
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