L1 extension denied , I -94 expired . H4 application?

M

mdivs1984

Registered Users (C)
I applied for L1 B extension in the month of October 2010. Received a RFE . My old visa as well as my I - 94 expired on Feb 10th , 2011.

We submitted my RFE document around January 26th. Today they posted the decision as rejected. Now my HR directed me to leave USA ASAP.

My husband has a valid H1 - B . Can I apply for H4 and put paper and stay back here in US? Will it be considered illegal? Should I go back to India wait for H4 approval get stamping and them come back?
 
What was the RFE for? You cannot apply for COS to H4 since you are currently not in a valid status. You can travel outside of US, obtain an H4 visa and then return. Make sure that your husband's H1B employer is "clean" and not a body shop.
 
Thanks for your reply guys I am leaving on Sunday I haven't received the official denial from USCIS yet. My husband has H1 from a reputable company in Wall Street so it should not matter I guess. But I am afraid if they will screw my H4 because I was denied an extension.
 
One more problem I am facing right now is my daughter is an American citizen. I have multiple entry visa till August 17th for my baby to enter India. What is my return to US is delayed past that date. Will her having an expired visa create any problem? Can I apply for PIO from India?
 
But I am afraid if they will screw my H4 because I was denied an extension.
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You're out of status, and that is what can screw your H4 visa, not the denial of extension. You're currently illegal in the US.
 
L1 visa valid-2013, I-94 is expiry- Aug 2012

I have L1 visa valid till Aug 2013, but my I-94 is expiring in Aug 2012.My employer have applied for I-94 extension in May 2012, but they are saying now that USCIS will take 5 months time to give decision.Today it's July 19,2012. I am worrying if my I-94 extension is got rejected then can i go to any country like Mexico or India for getting my new I-94?
My wife she is on L2 visa and doing job here she has I-94 till Aug 2013(which is mine and her Visa expiry date. does my I-94 expiry in Aug 2012 impact her job continuation right now in USA?
 
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