Lawfull status confusion owing to L1 Denial and H4 Pending

tilakd

New Member
My L1A based I-94 was expiring Nov 2020, and L1A extension was filed ahead in October. Owing to a RFE on L1A extension, to be safe, I also filed a H4 based on my spouse’s H1 in Dec 2020 (note: H4 petition is filed post i-94 expiry, and while L1A extension in progress).

My L1A extension was denied post RFE response in March 2021.

Please help me understand,

1. If my current stay counts as lawfull
2. Is the H4 petition invalid owing to it being filed post I-94 expiry (Note: L1A extension was in process during this time, which is later denied).
3. Will the H4 be denied too owing to L1A denial and H4 was a transition from L1 to H4
4. Is it really recommended to travel out of USA and get H4 stamping. Considering the current pandemic situation and various restrictions around I am a bit concerned on this. I am a indian citizen, and it appears Covid situation there is getting bad.
5. My L1 Visa and petition are both valid till Dec 2021, will the denial of extension also invalidate the current visa expiry, or can i use this to get a new i-94 via border crossing.

Please help.
 
I believe:
1. No. You started accruing unlawful presence from the date of the denial
2, 3. Yes. The Change of Status to H4 will most likely be denied since it was filed after your status ended
5. Yes. You stayed past the end of the I-94, and you were still in the US when the Extension of Stay was denied, so INA 222(g) applies. You would have to go back to your country of nationality to get a new visa.
 
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