H4 Denied after H1B withdrawn by previous employer

[adiks]

Hi,

My H1B expired on Sep 30, 2015 and I have had filed my H1B and my wife's H4 extension on Aug 21, 2015. I changed my employer on Sep 28, 2015 and filed for H1B transfer/extension (along with H4) with new employer on Sep 28, 2015. After that my previous employer withdraw my H1B application and I received H4 denial notice on March 12, 2016. Also, I got an RFE on my new employers H1 transfer/extension (H4 still showing Case was received). Please let me know if:

1. My wife is out of status? (new H4 application is pending though)
2. If my new employer's H1b gets denied, how many out of status days me and my wife would accumulate (its already been 5 months since we are living on H1b receipt).

Thanks so much!

[raghvi]

Hi,

My H1B expired on Sep 30, 2015 and I have had filed my H1B and my wife's H4 extension on Aug 21, 2015. I changed my employer on Sep 28, 2015 and filed for H1B transfer/extension (along with H4) with new employer on Sep 28, 2015. After that my previous employer withdraw my H1B application and I received H4 denial notice on March 12, 2016. Also, I got an RFE on my new employers H1 transfer/extension (H4 still showing Case was received). Please let me know if:

1. My wife is out of status? (new H4 application is pending though)
2. If my new employer's H1b gets denied, how many out of status days me and my wife would accumulate (its already been 5 months since we are living on H1b receipt).

Thanks so much!

1. Dont think so.
2. That's why it is not recommended to join merely on the receipt basis. You would be considered out of status from you last pay date with previous employer.

This is my opinion not legal advice.