RFE for H4 Extension-Explanation of delay in Filing

[Dhan1234567]

Hi Respected Members,

We have received an H-4 RFE. The USCIS asks for a reason why the extension of status was not filed timely and need your valuable suggestions. Here is the scenario-

My H1 was approved till 28th Nov 2013 and my employer filed my extension in August. At that time my spouse was not in USA and therefore as per employer suggestion H4 extension was not filed. My spouse came back on 23rd November along with my 2 year old baby and everyone got "flu" and it took us almost 2-3 weeks to recover and I completely forgot to file her H4 extension which was due on 8th December ( 23rd November + 2 weeks grace time). By the time we realized it was already late and finally My employer filed H4 extension on 31st December but we have received RFE for explanation of delay in filing.

Please suggest and what could be worst scenario. Just an FYI My H1 is approved till 2016 and I am also in process to file I-140.

Regards,
Jay

[raghvi]

Hi Respected Members,

We have received an H-4 RFE. The USCIS asks for a reason why the extension of status was not filed timely and need your valuable suggestions. Here is the scenario-

My H1 was approved till 28th Nov 2013 and my employer filed my extension in August. At that time my spouse was not in USA and therefore as per employer suggestion H4 extension was not filed. My spouse came back on 23rd November along with my 2 year old baby and everyone got "flu" and it took us almost 2-3 weeks to recover and I completely forgot to file her H4 extension which was due on 8th December ( 23rd November + 2 weeks grace time). By the time we realized it was already late and finally My employer filed H4 extension on 31st December but we have received RFE for explanation of delay in filing.

Please suggest and what could be worst scenario. Just an FYI My H1 is approved till 2016 and I am also in process to file I-140.

Regards,
Jay

I dont know which two weeks grace period are you talking about? And honestly speaking I dont think "FLU" is a valid reason USCIS will accept the reason for such a long delay what was the reason for the delay till 31st Dec?

Worst case scenario, your spouse and kid(if not US citizen) would have to go back, get fresh H4 stamping and return.

This is my opinion not legal advice.

[Dhan1234567]

hi

Thanks for quick response Raghvi. Really appreciated. Actually when my spouse entered in US on 23rd November then they stamped 8th Dec/H4 to indicate the validity. I know flu is not a valid excuse and that is the reason I am looking for some suggestion specially if some one has faced any similar situation.

I dont know which two weeks grace period are you talking about? And honestly speaking I dont think "FLU" is a valid reason USCIS will accept the reason for such a long delay what was the reason for the delay till 31st Dec?

Worst case scenario, your spouse and kid(if not US citizen) would have to go back, get fresh H4 stamping and return.

This is my opinion not legal advice.

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Senior members - Please suggest.

[Dhan1234567]

Hi

Senior members, Please suggest on this matter.

[asoka.boola]

Caught up in the same situation, filing h4 extension after 40 days of expiry

H1B and H4 expired on 30-June-2014. H1-B extension filed a month before expiry and got approval on 28-July-2014. Then We realized H-4 extension wasn't filed along with it. Though our attorney is assuring not to worry, We are still worried what may happen and are in confusion as to going back to India to seek fresh H4 or to wait till the decision on this late application comes. Any suggestions?

[raghvi]

One should never be so casual with respect to ones immigrant status in an alien country. You should ask your attorney on what basis is he saying not to worry? Can he site a clause or law ? Instead of paying to the lawyers, might be cheaper to travel out and return on H4 visa.

This is my opinion not legal advice.