H1/H4 extention


dkm1368

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Hi, Can someone help me with following question.

 

My initial H1& H4 extension petition was withdrawn by my employer and a new H1 extension petition was filed along with my spouse's H4 extn prior I94 expiry. As my 1st H1 extension petition was withdrawn, USCIS sent a H4 denial letter for 1st petition based on H1 withdrawal and mentioned she is currently in unlawful status as I94 has expired. Are we still okay as a new H1/H4 petition is still pending and it was sent prior I94 expiry? I received USCIS acknowledgement that my 1st H1 has been withdrawn but they sent Denial for 1st H4. Just want to make sure if it is expected and if its safe to assume we can continue to stay as our 2d H1/H4 petitions were sent to USCIS timely before our I94's expired.

 

Thank you.

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Both H1B and H4 will be approved without I94. You guys will need to exit and enter US with a valid visa and I797.

Hi Jairichi, Are you sure the new H1/H4 will be approved without I94? We did apply the 2nd set before our current I94 expired. And also are we good to continue stay in US til a decision comes out of our 2nd petitions?

Thanks for your reply. 

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Hi Jairichi, Are you sure the new H1/H4 will be approved without I94? We did apply the 2nd set before our current I94 expired. And also are we good to continue stay in US til a decision comes out of our 2nd petitions?

Thanks for your reply.

If H1B & H4 petition were filed before I94 expiry then both of you are fine.
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