H4 *BIG* Issue

G

GeeSeeNothing

Registered Users (C)
We applied for my H1 extension and wife's H4 extension with premium processing. By mistake, we forgot to sign the H4 check and h4 application was rejected. By the time we recd H4 rejection letter, existing H4 was expired.

My attorney re-filed H4 and requested USCIS to issue old receipt date for it and also asked USCIS to process and approve as premium.

Today USCIS send us receipt notice for re-filed H4 case, receipt date is the date when we filed it second time. Now there is a 10-days no-legal-status period between H4 expiry & H4 receipt date. My questions are:

- Is this OK? And will USCIS still process it as premium and approve it?

- Will USCIS approve it knowing there was no legal status for 10-days?

- My attorney is recommending her go to India and get her H4 stamped... Is that a safe bet? Won’t it be an issue in India too that she was without status for 10-days?

- Will it affect our GC process anyhow?
 
GeeSeeNothing said:
We applied for my H1 extension and wife's H4 extension with premium processing.
By mistake, we forgot to sign the H4 check and h4 application was rejected.
----------------That is your mistake
By the time we recd H4 rejection letter, existing H4 was expired.

My attorney re-filed H4 and requested USCIS to issue old receipt date for it and also asked USCIS to process and approve as premium.

Today USCIS send us receipt notice for re-filed H4 case, receipt date is the date when we filed it second time. Now there is a 10-days no-legal-status period between H4 expiry & H4 receipt date. My questions are:

- Is this OK? And will USCIS still process it as premium and approve it?

- Will USCIS approve it knowing there was no legal status for 10-days?

---------------------------------Nobody can predict if USCIS will approve or not.
- My attorney is recommending her go to India and get her H4 stamped... Is that a safe bet? Won’t it be an issue in India too that she was without status for 10-days?

---------------------------Lawyer is correct. 10-20 days out of status may not be problem to get H4 visa stamp . she should take allH4 extension filing reciepts and show only IF asked.
- Will it affect our GC process anyhow?
-----------------------------if she entres again on H4 status then no problems as she will get new I-94.
Click to expand...

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Ginnu, Thanks for reply.. Another small Q wrt same issue >>

How late is not too late? Is it OK to wait for another month or two?
 
GeeSeeNothing said:
Ginnu, Thanks for reply.. Another small Q wrt same issue >>

How late is not too late?
-------------not stay more than 180 days from the I-94 expiry date
Is it OK to wait for another month or two?
--------can wait for 1 month
Click to expand...
--------------- for more info talk to your lawyer
 
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