H1B expired, RFE came in 5 months before 180 days period

[jhendra83]

Hello,

My H1b expired 9/30/2015 and I applied for H4 COS. The problem is the USCIS received my case on 10/6/2015 and now they are asking for RFE for maintaining my status on 10/6/2015. RFE dated 2/16/2016. Does that mean I have been out of status since 10/1/2015? My lawyer said I cannot stay over 180 days out of status in fear of 3 year bar entering the US and should leave the country to get stamp at the US Consulate in my country. What are the difficulties at the consulate if I were to go home and get my H4 visa stamp there? My attorney also advised me to apply for an asylum if I chose to continue to stay. What are my options? Thanks very much.

J-

[raghvi]

Hello,

My H1b expired 9/30/2015 and I applied for H4 COS. The problem is the USCIS received my case on 10/6/2015 and now they are asking for RFE for maintaining my status on 10/6/2015. RFE dated 2/16/2016. Does that mean I have been out of status since 10/1/2015? My lawyer said I cannot stay over 180 days out of status in fear of 3 year bar entering the US and should leave the country to get stamp at the US Consulate in my country. What are the difficulties at the consulate if I were to go home and get my H4 visa stamp there? My attorney also advised me to apply for an asylum if I chose to continue to stay. What are my options? Thanks very much.

J-

Why there was a lag of a week between your H1 Expiry and COS to H4 receipt?

[jhendra83]

Why there was a lag of a week between your H1 Expiry and COS to H4 receipt?

That I don't know. My attorney does not have the tracking number when he sent the documents. There could've been delay at the USCIS when they receive the package and open them. I really don't wanna overstay my visa more than 180 days. What are my options? Should I Just go home and apply it from my home country? My wife is transferring employer and we are waiting for her 797 so I can bring it to the consulate. Please advise.