H4 filed with previous employer is denied

USA H4
#1

Hi, please help in clarifying below

My H1B extension with previous Emp A was approved but my wife H4 was pending. My wife’s i94 was expired in the meantime. I switched to new company B and they filed both H1b and H4. My H1b with B is approved but H4 is still pending decision.

Now my wife’s H4 filed with previous employer A is denied by USCIS as employer A withdrawn my H1b
Can my wife continue to stay in US as new employer B filed H4 for her or she need to leave US as it is filed after I-94 expiry?

#2

@anil_am22 can you please help check this?

#3

Its better to leave the US and re-enter to get new H4 i94.

The chances are high that USCIS will deny the new H4 as it was filed after i94 expiry.

#4

Thanks Anil

But my attorney through my company says we can file NPT H4 extension. He said there H4 status is based on my H1b and there is no gap in my status, NPT would be approved
Do you think if this is a good idea?

#5

Yes, NPT has good chance of approval for H4.

You did not mention that your employer is ready to do it, otherwise, I would have suggested the same.

#6

Thank you Anil

What will be the status while NPT is adjudicated? Will my wife be in Period of Authorized Stay or start accruing unlawful presence?