Issue with Wife's H4 status

N

NVC

Registered Users (C)
Hi Guys .. did any of you face a similar problem ???

My wife's I-94 expired on 5th Jan 03 , but I had applied for my H1 extension in November 2002 but my employer applied for my wife's H4 extension in January 2003 and USCIS received that application on 23rd Jan 2003.
I got my H1 7th year approved in feb 2003, but never heartd anything about my wife's H4 approval , until last week when they sent an RFE which states that :
My wife's I-94 expired on Jan 5th 2003 and how come we applied for her H4 extension on 23 rd jan 2003.
They want a letter of explanation : giving reasons for the delay in applying, and my pay stubs and copy of my I-797.

One more thing is that in August 2003 we appled for 140/485/765/131 and we both have our EAD and AP.
So I really dont know where we stand.

If anybody out there has had similar experience ..some feedback would be greatly appreciated.
Thank You,
NVC
 
Since your H1 was allalong valid, your spouse's H4 is saved. Provide proof and provide an excuse for the delayed filing of H4. Although you might have a AP,it is better to clear this upand get the H4,otherwise your spouse might not be allowed in even after showing a AP.
 
Thanks Jaxen

I have faxed a copy of the RFE to my lawyer and he is going to help me draft an explanation letter. Hopefully this should solve the problem.
Thankx again.
NVC
 
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