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L2 extension filled before visa expiry and got rejected after 170 days of i94 expiry

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  • L2 extension filled before visa expiry and got rejected after 170 days of i94 expiry

    Hi, Me and my husband filled for l1b and l2 extension 10 days before our visa expiry. Visa and i94 last date mar 14th 2014. But we continued to stay in USA. We received rfe for l1b and we responded on July 25th 2014. During apr 2014 we parallels filled change of status h1b and h4 in cap. We selected in lottery but received 2nd rfe from h1b asking about l1b status. On August 20th we received denial of l1b and l2 ( means we stayed 170 days after i94 expiry ) for decision. We responded to h1b rfe as l1b rejection and travelled back to India. During sep 25th our h1b got approved and we went for stamping of h1b and h4 visas. We got stamped and got our visas. But h4 visa extension/change filled while I am traveling to India. Finally we came back to USA on dec 30 and got i94 for 3 years. But on dec 30th I received a denial h4 extension/change from uscis. In my passport I got fresh h4 stamped and got i94 for 3 years.
    Pls reply
    A) does our 170 days affect in future for green card processing?
    B) is h4 status is valid to stay in USA?
    C) does any of our actions or stay affect in GC processing.
    D) do we need to do anything for the h4 denial notice...because I didn't receive the denial notice in hand I just checked in uscis website?

  • #2
    A) does our 170 days affect in future for green card processing?
    >>> Hard to say. Technically your stay was illegal for that 170 days.

    B) is h4 status is valid to stay in USA?
    >>> If you traveled in H4 visa post the H4 petition denial, then you are in valid H4 status. No issues. H4 would have been denied since you left the country. If you enter later in H4 visa, then all good.

    C) does any of our actions or stay affect in GC processing.
    >>> Illegal stay for 170 days can pose an issue. A strong reply from the lawyer can help. If you indeed left the country immediately upon receiving the denial, then it can help.

    D) do we need to do anything for the h4 denial notice...because I didn't receive the denial notice in hand I just checked in uscis website?
    >>> Nope.
    Not a legal advice. Use of this information is strictly at your own risk.

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