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I-290B Motion to reopen for H4 extension

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  • I-290B Motion to reopen for H4 extension

    Hi All,

    The H4 case for my wife and kid got denied and the decision was mailed to us on Oct 1, 2019. Though we applied for the H4 extension before the H1 expiry date, there was a lot of back and forth due to which the form was accepted only after the H1B expiry date. My H1 extension meanwhile got approved till 2022.

    Below is the detailed sequence of events that lead to the denial.

    1) Sent the application to USCIS for H4 extension of my wife and kid in February 2019. My H1B was expiring on March 3rd 2019
    2) The application was sent back to me as the filing fee was missing in the packet
    3) We sent it back with filing fee March end (H1B expired by then)
    4) The application was sent back again as filing fee changed withing this timeline
    5) We sent it back with new fee in April
    6) The application was sent back again as they wanted the new form as well, along with new fee
    7) We sent it back with new fee and new form
    8) The application was accepted and we received the receipt number this time. This was in May 2019
    9) Few days later we received a letter to go for fingerprints. We submitted the fingerprints in the given time slot
    9) On October 1st 2019 we received a denial stating that the application with right fee and right form was not sent out prior to H1B expiry (though we sent the form the first time before H1 expired)

    By Oct 17th, we filed a motion to reopen the case requesting to approve the H4 visas. We received a letter stating the application is in process and we received a new receipt number (An MSC - Missouri Service Center receipt number).
    .
    My question is, can my wife and kid stay back in the US as the application is in process and because we have a receipt number or do they have to go back to India? If they need to go back, do they have to wait for the motion decision or they can create a new DS-160 and attend the visa interview as soon as possible?

    Please suggest. Any help is greatly appreciated.
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