H1B Extension approved but H4 Extension Denied

[mehuljk]

Hi,

My H1B Extension was filed in April 2011 with H4. Got RFE for I-94 card in July 2011 and replied with I-94. My I-94 card expired in Sep 2011.
I changed my case to premium last week and received approval on H1B extension yesterday but H4 extension is denied.
As of now, I don't have any information on why it is denied. I am trying to figure out on the options.
I read in this forum that there are 2 options:
1. Go to India and get a stamp on visa and come back.
2. Try for MTR.
What is that 180 days rule for the Ban to reenter US ? Does it start from the date of denial or I-94 expiry date?

I appreciate anyone answering the same.

[shervin143]

I changed my case to premium last week and received approval on H1B extension yesterday but H4 extension is denied.
>>> Did your H1B approval come with a new I-94?

1. Go to India and get a stamp on visa and come back.
2. Try for MTR.
>>> MTR is not advisable. It will take another year or so to get a response. If it gets declined again, by that time she woiuld have accumulated ample illegal stay to get banned from entering U.S for 10 years or so.

What is that 180 days rule for the Ban to reenter US ? Does it start from the date of denial or I-94 expiry date?
>>> It starts from the previous I-94 expiry date.

[mehuljk]

Hi,

Thanks for answering the same.
I got email notification from USCIS website yesterday that H1B is approved. H4 is denied. I have not yet received the paper in my hand. I am assuming it should take few days to receive the papers.

Based on your answer, my wife's H4 - I-94 was expired on 24th Sep 2011. So in order to not get the BAN of 3 yrs, we should work on going to India before 22nd March 2012 ? Is that so?

[shervin143]

I got email notification from USCIS website yesterday that H1B is approved. H4 is denied. I have not yet received the paper in my hand. I am assuming it should take few days to receive the papers.
>>> If your H1B is approved for consular process (without a new I-94), then you should leave the country and return back in H1B visa.

Based on your answer, my wife's H4 - I-94 was expired on 24th Sep 2011. So in order to not get the BAN of 3 yrs, we should work on going to India before 22nd March 2012 ? Is that so?
>>> That is correct. 3 years that you are talking about is a cause for an automatic ban. When the illegal stay is less than 180 days, the VO has to decide whether to approve or deny your future visa applications. So sooner you leave the country is better. More illegal stay will cause more issues with the future petitions, visa stamping and GC process.

[mehuljk]

Thanks for your answer.

I am waiting for the paper work to come from USCIS and then decide on the next step.
If she goes to India, she can go for visa stamping in consulate ?

[shervin143]

If she goes to India, she can go for visa stamping in consulate?
>>> Yes.
https://www.immihelp.com/h4-visa-stamping-documents/