H4 extension Denied and i94 expired already

Hi All,

We are in same situation. My H1 extension was approved. But my wife H4 got denied and so H4 EAD. I-94 was already expired in aug 7,2021. H4 extension was denied on 28 Sep 2021. We got the letter and found that it was service error from USCIS. Extension was denied due to some invalid reason.
I am in discussion with my company immigration attorney and discussing the options. They are recommending go back to India for H4 stamping.

But I am leaning more towards MTR.

Can anyone please suggest the best option based on my situation?

If we file MTR then will we get 180 days to avoid ban ? When 180 days start?

Please advise

2 Likes

Anyone please advise. It will help to take the decision.

Thanks in advance

It depends on the reason of H4 denial.

The counter starts from the date of denial. Everything will be fine if MTR is approved.

But if MTR is denied, then you may still have the 180 day counter ON.

Usually, H4 is a safe visa. If the denial reason is USCIS mistake, then you may be able to fight it.

But, I would still suggest to go by attorneys advice.

Thank you for the response. We are still deciding which option is better. Can you please provide the answer of following questions? It will help us to take the decision.

  1. if she leave the US and go back to home country (India) for H4 stamping. Can she face trouble since her H4 extension petition was denied? I understand this is quick and easy way to get H4 visa stamped but we are wondering how much time it will take in pandemic situation especially embassy handling emergency appointment only and also wondering if my wife will face trouble since H4 extension got denied.

  2. if she goes home country for H4 visa stamping and also file MTR to clear the denial and make record clean. Is is possible ? And yes how it will work?

  3. if MTR gets approved then will USCIS also approve I-795 (h4ead) petition that was denied due to H4 denial?

And do you also recommend to go back India for visa stamping?

Actually we are not able to decide which one is best for us so looking advise.

Note: extension was rejected due to USCiS mistake.

Please provide your valuable response. Thank you so much

Can you please provide the response?