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H1B Extension Denied

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  • H1B Extension Denied

    Hello Everyone,

    We are in odd situation where my wife's H1B extension got denied because of bank check reversal issue. Please let me know if anyone faced or seen this kind of issue before.

    Below are the details of her case:

    1. Current employer applied for H1B extension and got the receipt on Aug 26th 2018 which is 3 days before my I94 expiry date Aug 29th 2018.
    2. Got an RFE on Sep 8th 2018
    3. While her employer is in process of filing the RFE, her employer bank account had some fraudulent check issues because of which bank had to reverse all the checks that they have provided during the Aug month and unfortunately bank reversed the check that her employer provided to USCIS for her visa fee.
    4. Because of this bank check issue, USCIS has rejected her H1B extension on Sep 20 2018 and send back all documents to attorney.
    5. Her employer Attorney has reapplied the H1B extension in normal process(as premium process is terminated) by including all the bank issue details as justification for delay, but it was applied on Sep 30 2018 which is month after my I94 expiry date(Aug 29th 2018). This means her H1B extension was applied when I she is out of status which made us believe that there might be denial most probably. Also, by the time she will get the response, she would be crossing 180 day bar period.
    6. Though our attorney has re-applied, attorney is suggesting to go to India now and have her H4 stamped as I am on valid H1B. But she is not able to travel at this time as she is 9th month pregnant now and doctor is not suggesting to travel.

    Please help me with some suggestion in this scenario.