Deepanshu Posted December 8, 2015 Report Share Posted December 8, 2015 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 Link to comment
jairichi Posted December 9, 2015 Report Share Posted December 9, 2015 From the date of H1B denial she will be out of status. If H4 gets approved without an I94 she has to exit and enter US with a valid H4 visa and a copy of your I797. Link to comment
Deepanshu Posted December 9, 2015 Author Report Share Posted December 9, 2015 Thanks Jairichi. I have one more qs - Even if we file her H4 on the same date when her H1B petition gets denied, there is a chance of not getting i94 with approved H4 petition? Thanks Satyan Link to comment
jairichi Posted December 9, 2015 Report Share Posted December 9, 2015 Thanks Jairichi. I have one more qs - Even if we file her H4 on the same date when her H1B petition gets denied, there is a chance of not getting i94 with approved H4 petition? Thanks Satyan She might get I797 with I94. Chances of getting without I94 is rare. Link to comment
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