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My I-94 expiry was on May 23, 2013 which is the same as my wife's I-94 expiry date.
My employer A1 applied for H1B extension on May 9, 2013; I129 for H1B extension and I539 for H4 COS.
We upgraded the above application to Premium on June 28.
On July 8, the status got changed in the USCIS website.
-- I129 is approved
-- I539 is denied (notice yet to be received)
Another employer B1 applied H1B for my wife for the 2014 quota on April 2013 and it got through the lottery. The status changed to RFE on May 10th. The description said that we have to submit the evidence for valid H4 status (my approved petition) from May 23, 2013 to Oct 1, 2013. The due date for submitting the evidence is August 5th 2013.
1. If my wife travels to India, will there be any issues in getting H4 stamped, considering the fact that there is a new H1B application in RFE status?
2. If we appeal the denial decision from here, will there be any issues if it gets denied again? Is it advisable to take that risk?
3. If my wife travels to India, get H4 stamped and come back to US again so that we can submit the new H4 and I-94 for the H1B RFE before August 5th, are there any possible scenarios where H1B gets denied?
4. If my wife travels to India, get H4 stamped and come back to US after August 5th, are there any possible scenarios where H1B gets denied even if I can submit my approved I129 as they asked for it in RFE notice?
5. As I539 is denied, did my wife accrue any 'out of status' days in the US? Will this impact the H4 stamping or any applications in the future, if she travels as soon as my employer A1 receives the denial notice?
6. What could be the reason for I539 denial considering the fact that my I129 is approved? Can pending new H1B application be the reason? Are H4 extension and fresh H1 anyways related?
7. If new H1B is denied, will it impact any future immigration applications from our end?
8. Can employer B1 revoke the H1B application if a situation arise?
9. If I539 is denied due to the Pending H1B application which is in RFE, what steps should I take to continue the H4 till Sep 30 and new H1B after Oct 1st, for my wife?
My employer A1 applied for H1B extension on May 9, 2013; I129 for H1B extension and I539 for H4 COS.
We upgraded the above application to Premium on June 28.
On July 8, the status got changed in the USCIS website.
-- I129 is approved
-- I539 is denied (notice yet to be received)
Another employer B1 applied H1B for my wife for the 2014 quota on April 2013 and it got through the lottery. The status changed to RFE on May 10th. The description said that we have to submit the evidence for valid H4 status (my approved petition) from May 23, 2013 to Oct 1, 2013. The due date for submitting the evidence is August 5th 2013.
1. If my wife travels to India, will there be any issues in getting H4 stamped, considering the fact that there is a new H1B application in RFE status?
2. If we appeal the denial decision from here, will there be any issues if it gets denied again? Is it advisable to take that risk?
3. If my wife travels to India, get H4 stamped and come back to US again so that we can submit the new H4 and I-94 for the H1B RFE before August 5th, are there any possible scenarios where H1B gets denied?
4. If my wife travels to India, get H4 stamped and come back to US after August 5th, are there any possible scenarios where H1B gets denied even if I can submit my approved I129 as they asked for it in RFE notice?
5. As I539 is denied, did my wife accrue any 'out of status' days in the US? Will this impact the H4 stamping or any applications in the future, if she travels as soon as my employer A1 receives the denial notice?
6. What could be the reason for I539 denial considering the fact that my I129 is approved? Can pending new H1B application be the reason? Are H4 extension and fresh H1 anyways related?
7. If new H1B is denied, will it impact any future immigration applications from our end?
8. Can employer B1 revoke the H1B application if a situation arise?
9. If I539 is denied due to the Pending H1B application which is in RFE, what steps should I take to continue the H4 till Sep 30 and new H1B after Oct 1st, for my wife?
