H4 extension denied, H1B approved

[Amit Patel]

Need advice. We filed our H1B (Non IT job- Pharma) and H4 extension with EAD application (new) last June (06/2020). our visa were valid up to September 2020. I have my i-140 approved and this is 14th year on H1B. my wife has completed 11 years on H4 as well.

received RFE for my H1 (Mainly request for documents which were already submitted in original application, received RFE once i convert my case to premium, no RFE received for H4 extension). My H1B was approved in October 2020. We received Biomatric appointment in April and attended that as scheduled. Upto now status for H4 extension was file is updated with biometrics details. Last friday, i saw the status changed " my case is denied" . We are yet to receive Notice but this is strange (Atleast to me).

Any similar experience anyone? what are my possible actions now?
Attorney said, once we receive notice we will discuss the reason and how to deal with it. meanwhile my company is going though bumpy ride and I am lining up another job. can we file my H1B transfer and new H4 for my wife at new employer?

thanks
Amit

[rkk09]

Hi,
Better, She can leave country and get visa stamped at US Embassy/consulates with the help of your H1B Approval.
Thanks

[Amit Patel]

we received the notice today.

"The I-539N you submitted did not include any initial evidence or supporting document. The I-539N you filed did not include the required initial eveidence in compliance with the regulation. As such , you have not demonstrated eligibility for the benefit sought. As a result, your form I-539N is denied."

I reached out to my attorney as same RFE i received in my H1B that few document are missing, which were provided in original application. we resend those and i got approved. My attorney confirmed that they provided all supporting document and she also mentioned that if missing document then they reject file immideiately, but in this case they reviewed file for 1year completed biometrics and then sent denial with reason that supporting documents are missing. Also they dont deny extension in missing document case, they would issue RFE. My attorney thinks that this is error at USCIS end.

meanwhile, the notice mentions that my wife's unlawful presence day clock would start from 180 days post I-94 expiration (which was in 09/07/20) so technically she is on 270+ days, as a consequences now she will be banned to reenter for 3-10 years .

any similar experience or advice folks?

I have scheduled meeting with my attorney today and am thinking to take second opinion from other attorney as well

thanks

[Amit Patel]

RKK09, i am afraid that if i send her to India today due to this issue mentioned above she wont be able to enter back

[rkk09]

Hi,
Did you have a meeting with Attorney? Can you please let us know, what is the decision you made and what solution did you get from your Attorney?
Thanks

[Amit Patel]

Sorry for late reply.
we did file I290B with affidavit explaining whole case. we resend all documents back with I290B . I received the receipt yesterday so now wait of another 4 months approx. My attorney thought this is very unusual for USCIS to send rejection on this basis without a RFE. as per my attorney , there is some guidance published recently from new administration that end user has to be provided with an opportunity to defend the case before rejection.

[rkk09]

Hi,
Thanks for your response.. Hopefully, you will hear back good news from the concern department.