1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

H4 Extension Rfe Asking H1 Approval But H1 Is Still Pending

Discussion in 'H4 employment authorization' started by asr2015, Oct 15, 2015.

  1. asr2015

    asr2015 New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Hi,
    My H1 visa is getting expired in Dec 8 2015 and my employer has filed for extension and submitted to USCIS on July 8th.
    The status is still showing 'Case Received' (99 days completed already).
    I have submitted my dependents (H4)visa extension along with this and I got a RFE (for dependent visa) requesting to submit the my (H1) I-797 notice of action (Approval notice) to continue processing and the deadline is Nov 7 2015. Even though my receipt number was mentioned in the dependent visa application, looks like they processed the dependents visa before the primary application.
    As my case is not yet approved I don't have the evidence to submit to USCIS for my dependents visa RFE.

    Could any one advise the next actions? how can i request to USCIS to extend the deadline?

    Thanks
    Asr
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Write back to them and include a copy of your H1B receipt notice. Tell them that your petition is still pending. They will (should) consolidate the two files and adjudicate them at the same time.
     
  3. asr2015

    asr2015 New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Thanks a lot James, i hope there is no particular format for RFE response, i can attach a letter and the receipt copy in response.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Make sure you include a copy of the RFE.
     
  5. asr2015

    asr2015 New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Hi,
    I responded to the RFE on Oct 20 requesting to consider both the cases together with copies of my pending H1 receipt notice.
    Employer converted my H1 B along with my H4 to premium mode and H1 extension got approved on November 12. But H4 extension is still pending. I sent a second response to the same RFE with a copy of my H1 approval notice on November 20, but nothing changed and still showing the status as 'response to the RFE has been received' on Oct 20.
    The case is still pending and the visa expiry date is 8-Dec-2015 and I-94 expiry is on 15-Dec-2015. I contacted the customer service and they said it will take normally 60 days to process after the RFE response is received(Oct 20) and asked me to wait till Dec 20 and contact again if it is not approved.
    1. Which date would be considered as visa expiry date? stamped visa validity date (8-Dec) or i-94 validity (15-Dec)?
    2. Can my dependents stay after the visa/i-94 expiry as the case is pending with USCIS?
    3. What will happen if it got denied by any chance after the expiry date? can i re apply?

    Thanks for your advice.
    Asr
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Your dependents may remain lawfully until their I-539 has been adjudicated.
     

Share This Page