My H1 extension along with spouse H4 I539 extension of status and I 765 for EAD was filed in Sep 2019. I got my H1B approved in Jun 2020. My wife H4 status was updated on Jan 11 2021 as denied and I 765 was issued RFE. We are yet to receive the denial notice to find the reason for denial.
Meanwhile, we would like to understand our options.
Since the denial happened in Jan 2021, will the unlawful presence be considered from the denial notice date or the expiry of i94, even though the case took so long for decision.
Can we file for an appeal incase if we find out the reason for denial is not valid?
Will going to home country to get H4 stamping will have any issue?