H1B to H4 if H1B is denied after current H1B expiry date


Deepanshu

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Hi,

My wife is on H1B (Consultancy company) valid till 12/31/2015. I am also on H1B.

Her employer filed for her H1B extension in November in premium processing. She got a RFE and her employer is currently working on it and plan to respond by 20th December.

 

 

 If her H1B extenstion gets denied and USCIS decision is made after her current H1B expiry date of 12/31, we will file for H4 immediately. 

 

Question -In this case, will she be out of status after 12/31/2015?

If her H4 gets approved, will she have to leave the country for H4 stamping?

 

Thanks in advance.

 

Satyan

 

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