Father(H1b) & Mother(H4) applied for visa extn but not the kid dueto "Receipt#" delay

[vijaybvmr]

Dear Associate,

I came on H1B on 08/02/2011, wife came on H4 on 12/02/2012, and son came on H4 to US on “05/15/2012”. For all, the I-94 expiration date is “06/01/2012”.

Now,

My wife (H4) and I (H1B) applied for visa extension, the docs reached to USCIS on 04/30/2012 in normal processing. Till now we HAVE NOT received the “Receipt number” for me and my wife as well.

I like to know,

1) We brought my son to US on 05/15/2012 and to apply an extn. for my son do I need my receipt number?? As per my company it is not possible to apply an extension without my receipt number. In case if I get my receipt in next 2 days and apply an extn.. for him on or before 05/28 or 05/29 and if reaches to USICS by 05/30 or 05/31 can I keep my son in US legally.

2) If I receive my receipt before 05/31 and my wife does not, can she stay legally with me in US?
Pelase advice

[shervin143]

1) We brought my son to US on 05/15/2012 and to apply an extn. for my son do I need my receipt number?? As per my company it is not possible to apply an extension without my receipt number. In case if I get my receipt in next 2 days and apply an extn.. for him on or before 05/28 or 05/29 and if reaches to USICS by 05/30 or 05/31 can I keep my son in US legally.
>>> The employer is right. They need your receipt notice to file the H4 extension for your son. Why didn't you file your son's H4 extension along with your H1B application the similar way you did for your wife? Well, your son's documents for extending the H4 status should reach USCIS before his I-94 expiry date. Otherwise, the extension might not get approved and anytime spend in U.S after his I-94 expiry date will be treated as illegal stay.

2) If I receive my receipt before 05/31 and my wife does not, can she stay legally with me in US?
>>> Yes. I guess the receipt notice generation is getting delayed because of a huge volume of petition been filed with USCIS in recent times.