H1 Out of Status question?

[hawks2014]

Looks like I am in big trouble and looking for experts on this forum to give some idea what I am into -

My H1 I-94 expired on 13-Oct-2013 and my extension was filed around the same date. The receipt has a date of 16-Oct-2013. I understand that it was avoidable circumstance but cannot argue with attorney. There was subsequent RFE and and last week the status was changed to "Approved" online. However my spouse's H4 was denied (received mail through USPS), although online status is still shown as "In Review". They has still not received H1 approval notice in mail meaning we don't know if it has I-94 attached to it or not.

Now the question is, does this make me out-of-status? And since it is more that 180 days since I-94 expired is it going to be even bigger trouble? I am getting worried every minute. Any suggestions? I don't think it will help but my I-140 is approved and currently waiting for priority date to become current.

Attorney will clarify on Monday or so but meanwhile any answer would help.

[qesehmk]

Hawks - relax. Here are a few things I can tell you.

1. Wife getting denied has no bearing on you because she is secondary and you are primary.
2. If H1 is approved then you are most likely good in terms of status.
3. You've accrued 3 days of unlawful presence. But is it a big crime? Will it impact your ability to get GC.

While it was unfortunate I don't think this is unsolvable. Hopefully others on the forum have something to share with you. Good luck and take it easy. I am sure there are others who have gone through the same.


Looks like I am in big trouble and looking for experts on this forum to give some idea what I am into -

My H1 I-94 expired on 13-Oct-2013 and my extension was filed around the same date. The receipt has a date of 16-Oct-2013. I understand that it was avoidable circumstance but cannot argue with attorney. There was subsequent RFE and and last week the status was changed to "Approved" online. However my spouse's H4 was denied (received mail through USPS), although online status is still shown as "In Review". They has still not received H1 approval notice in mail meaning we don't know if it has I-94 attached to it or not.

Now the question is, does this make me out-of-status? And since it is more that 180 days since I-94 expired is it going to be even bigger trouble? I am getting worried every minute. Any suggestions? I don't think it will help but my I-140 is approved and currently waiting for priority date to become current.

Attorney will clarify on Monday or so but meanwhile any answer would help.

[Spectator]

Looks like I am in big trouble and looking for experts on this forum to give some idea what I am into -

My H1 I-94 expired on 13-Oct-2013 and my extension was filed around the same date. The receipt has a date of 16-Oct-2013. I understand that it was avoidable circumstance but cannot argue with attorney. There was subsequent RFE and and last week the status was changed to "Approved" online. However my spouse's H4 was denied (received mail through USPS), although online status is still shown as "In Review". They has still not received H1 approval notice in mail meaning we don't know if it has I-94 attached to it or not.

Now the question is, does this make me out-of-status? And since it is more that 180 days since I-94 expired is it going to be even bigger trouble? I am getting worried every minute. Any suggestions? I don't think it will help but my I-140 is approved and currently waiting for priority date to become current.

Attorney will clarify on Monday or so but meanwhile any answer would help.hawks2014,

You really need to wait to see the approval notice to see if the EOS request was approved.

Since the application was received by USCIS at a time when you were Out Of Status, it is quite possible that USCIS have approved the H1B petition, but denied the EOS request. The denial of the H4 EOS request makes that more likely, but USCIS are not always consistent.

If that is the case, then as long as the request was not deemed frivolous (highly unlikely), then accumulation of Unlawful Presence towards the 3 and 10 year bars is tolled while the request is pending. Upon a denial of the EOS request the clock starts for Unlawful Presence.

If the EOS request was denied, the approval notice (I-797B) will not have an I-94 attached and you would have accumulated time Out Of Status from October 13, 2013, when your previous I-94 expired. That should not be a great deal if you exit the USA and return using a valid H1B visa.

If the EOS request was approved, the approval notice (I-797A) will come with an attached I-94 and you are good to go. An approval of the EOS request retrospectively puts you in H1B status for the time the application was pending with USCIS.

Since your wife's H4 EOS request has already been denied, she needs to exit the USA and return using a valid H4 visa, once you are in H1B status again.

My thoughts only. Don't rely on them.

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/revision_redesign_AFM.PDF

[hawks2014]

Updating this thread so that others can refer in future

We went to Vancouver, BC and got our H1/H4 stamped. There were no issues during stamping/reentering in USA. IO did not ask anything about out of status situation. It was almost 150 days since the day of the H4 denial when we did stamping. The delay was because we filed another petition since the first denied petition had just couple of months left. Now I am good for another two years.

[srimurthy]

Congrats, thats a relief.

Updating this thread so that others can refer in future

We went to Vancouver, BC and got our H1/H4 stamped. There were no issues during stamping/reentering in USA. IO did not ask anything about out of status situation. It was almost 150 days since the day of the H4 denial when we did stamping. The delay was because we filed another petition since the first denied petition had just couple of months left. Now I am good for another two years.