Hi,
My husband left the country to go to India (while premium processing for his H1 and my H4 were filed). I stayed back with the kids in US. Both of our current visas our valid until Sept 2016. We initially got a RFE for his H1 (because he was out of country). After replying, his H1 was approved last week but my I got a notice today saying my H4 is denied. The USCIS letter says that since my authorized stay in the US is dependent on a valid H1-b holder's status, the requested extension of status may not be granted since he has not yet entered the US in a non immigrant status.
Unfortunately, none of the consulates in India have any openings for visa appointments until end of August. Assuming he doesn't get 221g or anything of the sort, he'll be back in the country 1st week of Sept. I wanted to know:
1) Do I file for a new petition after he comes back to the states (without the need to leave the country)?
2) Do I step outside the country right now and stamp it...will they approve it because his petition is approved?
3) Do I step outside US after he comes back and has a new I-94?
4) When I stamped my visa at Mumbai in 2013, I got a 221g (for my H4, based on my previous work), does this mean I'll get another 221g this time as well and I may be stuck there?
Thanks,
My husband left the country to go to India (while premium processing for his H1 and my H4 were filed). I stayed back with the kids in US. Both of our current visas our valid until Sept 2016. We initially got a RFE for his H1 (because he was out of country). After replying, his H1 was approved last week but my I got a notice today saying my H4 is denied. The USCIS letter says that since my authorized stay in the US is dependent on a valid H1-b holder's status, the requested extension of status may not be granted since he has not yet entered the US in a non immigrant status.
Unfortunately, none of the consulates in India have any openings for visa appointments until end of August. Assuming he doesn't get 221g or anything of the sort, he'll be back in the country 1st week of Sept. I wanted to know:
1) Do I file for a new petition after he comes back to the states (without the need to leave the country)?
2) Do I step outside the country right now and stamp it...will they approve it because his petition is approved?
3) Do I step outside US after he comes back and has a new I-94?
4) When I stamped my visa at Mumbai in 2013, I got a 221g (for my H4, based on my previous work), does this mean I'll get another 221g this time as well and I may be stuck there?
Thanks,
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