What are the chances of H4 rejection


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I was in USA for 2 yrs on L1-B status. I changed status from L1-B to H1-B this Oct-1. and similarly my dependents were supposed to change status from L2 to H4 but my employer delayed filing H-4 petition for my dependents and USCIS receipt notice (I797C) shows 'Received Date' Oct-5-2015. Which means that there was a gap of 5 days. My lawyer told me that my family should immediately depart USA and come back with new H-4 stamp because USCIS will reject this petition. 


My question is what are the chances for rejection because some of my employer is very confident that it won't be rejected and my friends also feel that it should not get rejected. Any opinion?







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Thanks for the reply. But just in case it gets rejected. Will she be considered out of status during Oct ?


I heard that USCIS can bar a person from entering US for 3 years if he/she is out of status for 6 months. What if H4 petition is pending with USCIS for 6 months and then gets rejected. Will USCIS levy same law and bar the person for 3 years ?

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