H1 - h4 - h1

[sqldba.rams]

Help Needed,,

I was on H1B went to India, had stamped and have an I-94 which is valid till 2015. However a year back i had applied a COS to H4 and was approved and was good till Oct End. Applied for COS to H1 in Aug which we had an RFE for client letter, replied the RFE back with the client letter and now was issued an RFE again and yet to receive the details for RFE.

1. H4 expired because didn't file for an extension with Spouse H1 renewal since i had my COS petition in progress
2. If my present COS is denied what would be my options for i will not be in status and can i apply for H4 at that time ?


Please advise

Thanks

[raghvi]

Help Needed,,

I was on H1B went to India, had stamped and have an I-94 which is valid till 2015. However a year back i had applied a COS to H4 and was approved and was good till Oct End. Applied for COS to H1 in Aug which we had an RFE for client letter, replied the RFE back with the client letter and now was issued an RFE again and yet to receive the details for RFE.

1. H4 expired because didn't file for an extension with Spouse H1 renewal since i had my COS petition in progress
2. If my present COS is denied what would be my options for i will not be in status and can i apply for H4 at that time ?


Please advise

Thanks

Quite confusing. But I feel if your COS is denied, you should leave and re enter on a valid visa of the status you wish to be in.

This is my opinion not legal advice.